Terms of Use

Priority Virtual Healthcare Terms of Service

Last revised March 2020

What words do our lawyers use:

These Terms of Service (“Terms of Use”) apply to healthcare and content providers and govern their use of the online interfaces and properties (e.g., websites and mobile applications) owned and controlled by Priority Virtual Healthcare (“priorityvirtualhealthcare.com”), including the https://www.priorityvirtualhealthcare.com/ website (the “Site”) and the services available to users through the Site (“Services”). “Providers” “You” “your” and similar terms refer to healthcare and content providers who access or use the Site and/or Services. Your compliance with these Terms of Use is a condition to your use of the Site and/or Services.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY CLICKING “ACCEPT” OR ACCESSING THE SITE AND/OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES. BY ACCEPTING THESE TERMS OR BY ACCESSING THE SITE OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF USE INCLUDING THE PRIVACY POLICY REFERENCED BELOW. IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO THE TERMS OF USE, THEN YOU DO NOT HAVE PERMISSION TO ACCESS THE SITE OR USE THE SERVICES.

Please also review the Priority Virtual Healthcare Privacy Policy. It contains a description of our privacy practices and policies, including how we collect and handle your information. It is incorporated in and is a part of these Terms of Use. If you use the Site or Services, you are also accepting the Privacy Policy.

What this means in plain English: (however, the words our lawyers use are controlling and binding):

These are the rules to use this site, our Terms of Service or Terms of Use (call it what you want). Also, be sure to read our Privacy Policy to understand the details of how we use the data we may collect about you. If you don’t like or agree to these Terms of Use and or our Privacy Policy, do not use our Site or Services.

1. Ownership Of The Site

All pages within this Site and any material made available by Priority Virtual Healthcare for download are the property of Priority Virtual Healthcare, or its licensors or suppliers, as applicable. The Site is protected by the United States and international copyright and trademark laws. The Contents of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through the Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by Priority Virtual Healthcare. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content or other proprietary information (including; images, text, page layout, or form) of Priority Virtual Healthcare without our express written consent. Notwithstanding the foregoing, materials you post in your Virtual Waiting Room are yours alone and you are solely responsible for that content. See Section 4, below for more about your Virtual Waiting Room.

We own this website and its content; do not steal it. The content you post on your Virtual Waiting Room is yours alone.

2. Providers

To be a healthcare provider using the Site (“Provider”) you must agree to comply with all laws, medical or other board rules, or other rules and regulations applicable to you as a healthcare provider or other professional using the Site. Your relationship with the Priority Virtual Healthcare users (including your patients/clients) is directly between you and the patient. The patient will never have a physician-patient relationship with Priority Virtual Healthcare. Priority Virtual Healthcare does not practice medicine or any other licensed profession and offers no medical or other professional services. As set forth more fully in Section 10, Provider is solely responsible for all agreements, consents, notices and other interactions with patients and other consumers. Without limiting the generality of the foregoing, Provider is solely responsible for all billings and collections from patients and other consumers, and Priority Virtual Healthcare shall have no liability whatsoever to Provider concerning any amounts owed by any patient or other consumers to Provider.

f you use our Site to provide services to others we call you a “Provider”. You agree to do so in a legal way and follow all rules and regulations you are governed by. Priority Virtual Healthcare does not provide services to your patients, clients, or anyone other than you the Provider.

3. Independent Professional Judgment and Indemnification

The Provider will use the Site and Services only in accordance with applicable standards of good professional practice. While software products such as the Site and Services can facilitate and improve the quality of service that Provider and their personnel offer to patients, many factors, including the provider/patient relationship can affect a patient outcome, and with intricate and interdependent technologies and complex decision-making it is often difficult or impossible to accurately determine what the factors were and in what proportion they affected an outcome. Provider shall be solely responsible for its use of the Site and Services, and the provision of services to Provider’s patients. In this regard, Provider releases Priority Virtual Healthcare and waives all potential claims against Priority Virtual Healthcare as a result of the Provider’s use of the Site and Services, and the provision of services to Provider’s patients. As a result of the complexities and uncertainties inherent in the patient care process, and if applicable and allowed by law, Provider agrees to defend, indemnify and hold Priority Virtual Healthcare harmless from any claim by or on behalf of any patient of Provider or its 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 Priority Virtual Healthcare, regardless of the cause if such claim arises for any reason whatsoever, out of the use or operation of the Site and Services. To the extent applicable, Provider will obtain Priority Virtual Healthcare’s prior written consent to any settlement or judgment in which Provider agrees to or which otherwise provides or implies any finding of fault of Priority Virtual Healthcare or any defect in the Site or Services. Priority Virtual Healthcare will promptly notify Provider in writing of any claim subject to this indemnification, promptly provide Provider with the information reasonably required for the defense of the same, and grant to Provider exclusive control over its defense at Providers expense. Priority Virtual Healthcare reserves the right to appear and defend any actions in which it is named as a party. Provider agrees to pay and reimburse Priority Virtual Healthcare’s costs and expenses (including reasonable attorney’s fees) incurred in connection with such a suit. If you, your patients or any third party seeking to recover any sums from Priority Virtual Healthcare arising from your use of Priority Virtual Healthcare or treatment you provide a patient while using Priority Virtual Healthcare, you will be solely responsible and pay any such sums.

4. Virtual Waiting Room

The Services available through the Priority Virtual Healthcare Site includes a virtual waiting room (“Virtual Waiting Room”). Just like the waiting room in a physical office, anyone can enter your Virtual Waiting Room. As such, content posted on your Virtual Waiting Room is available to and can be viewed by anyone who enters. The Site provides you with the ability to post content on and links to other sites through the Virtual Waiting Room. The content which you post on your Virtual Waiting Room and the links to other sites you make available on your Virtual Waiting Room is yours and yours alone. Provided that the content posted is not in violation of Section 1 of these Terms of Use, Priority Virtual Healthcare will not claim any rights or interests in such content. By posting such content or links, you agree to be solely responsible for such content and links and agree to defend, indemnify (if applicable and allowed by law) and hold Priority Virtual Healthcare harmless as provided of in Section 11, below.

The content you post on your Virtual Waiting Room and links to other sites you include on your Virtual Waiting Room are yours alone. You are solely responsible for such content and links.

5. Electronic Communications

You consent to receive communications from us electronically. You agree that all agreements can be entered into and signed electronically in accordance with applicable law, and all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notice or other communications be in writing.

We are going to email you occasionally, and you’re okay with that.

6. Site Access; Security and Restrictions; Passwords

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for your use or logging onto a server or an account which you are not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or violation of applicable law.

If you are under 18 years of age, you may not access the Site or use the Priority Virtual Healthcare Services.
You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

Violations of system or network security may result in civil or criminal liability. Priority Virtual Healthcare will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

In the event access to the Site or a portion, thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by Priority Virtual Healthcare. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activities occurring under your user ID. Your access to the Site may be revoked by Priority Virtual Healthcare at any time with or without cause. You agree to defend, indemnify (if applicable and allowed by law) and hold Priority Virtual Healthcare harmless from and against all third party claims, damages and expenses (including reasonable attorney’s fees) against or incurred by Priority Virtual Healthcare arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Site, or access by anyone accessing the Site using your user ID and password.

Don’t attempt to hack the Site. Don’t share your username and password with anyone. Internet safety is important to us and for you.

7. License and Access; Termination by Priority Virtual Healthcare

Subject to your compliance with these Terms of Use and your payment of any applicable fees, Priority Virtual Healthcare or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make use of the Priority Virtual Healthcare Services. In the event you have entered into a separate Platform Subscription Agreement or Master Services Agreement with Priority Virtual Healthcare (the “Services Agreement”), the terms of the Services Agreement shall also apply to your use of the Site and the Services. In the event of a conflict between the Services Agreement and these Terms of Use, the terms of the Services Agreement shall prevail. All rights not expressly granted to you in these Terms of Use or any Service Terms are reserved and retained by Priority Virtual Healthcare or its licensors, suppliers, publishers, rights holders, or other content providers. No Priority Virtual Healthcare Service, nor any part of any Priority Virtual Healthcare Service may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose except as expressly authorized in writing by Priority Virtual Healthcare. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Priority Virtual Healthcare without express written consent. You may not use any meta tags or any other “hidden text” utilizing Priority Virtual Healthcare’s name or trademarks without the express written consent of Priority Virtual Healthcare. You may not misuse the Priority Virtual Healthcare Services. You may use the Priority Virtual Healthcare Services only as permitted by law. Your access to the Site and Services and the licenses granted by Priority Virtual Healthcare may be terminated by Priority Virtual Healthcare if you do not comply with these Terms of Use.

Only use Priority Virtual Healthcare and our brand the way it’s intended to be used. We reserve the right to terminate your account for misuse. If you don’t, we’ll delete your account.

8. Termination of Account by the Provider

If you desire to terminate your account, you must log in to your account and delete it under account settings. Priority Virtual Healthcare will not delete your account by virtue of your email alone. If you are in the EU you may also follow the directions on our Privacy Policy to delete data.

9. Accuracy and Integrity of Information

Although Priority Virtual Healthcare attempts to ensure the integrity and accuracy of the Site and the Content on the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Priority Virtual Healthcare so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Priority Virtual Healthcare shall have no responsibility or liability for information or Content posted to the Site from any non-Priority Virtual Healthcare affiliated third party. This includes any information, content or links posted on a provider’s Virtual Waiting Room.

If we have a typo or other errors, let us know, sorry.

10. Links to Other Sites

Priority Virtual Healthcare makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Priority Virtual Healthcare site, please understand that it is independent of Priority Virtual Healthcare, and that Priority Virtual Healthcare has no control over the content on that website. In addition, a link to a non-Priority Virtual Healthcare website does not mean that Priority Virtual Healthcare endorses or accepts any responsibility for the Content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk.

We are not responsible for content on other websites, even if we link to it.

11. Provider Agreements and Other Content

If you submit, upload or post any agreements, contracts, consents, notices, advice, recommendations, comments, files, videos, images or other materials to us or our Site (“Provider Content”) or provide any Provider Content to patients or other consumers, (including but not limited to content post on or through links available on your Virtual Waiting Room), you agree not to provide any Provider Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. The Provider is solely responsible for obtaining all necessary agreements and consents from and providing all required notices to, patients and other consumers. You agree not to contact other users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Priority Virtual Healthcare that you have the legal right and authorization to upload all Provider Content at the Site and any Provider Content posted to a Virtual Waiting Room. Except with respect to the Provider, content posted to a Virtual Waiting Room, Provider Content Priority Virtual Healthcare shall have a royalty-free, irrevocable, transferable right and license to use the Provider Content however Priority Virtual Healthcare desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Provider Content and/or incorporate such Provider Content into any form, medium or technology throughout the world. Priority Virtual Healthcare is and shall be under no obligation (1) to maintain any Provider Content in confidence; (2) to pay to you or anyone else any compensation for any Provider Content; or (3) to respond to any Provider Content. For purposes of clarity, provided that it does not violate Section 1, above, Priority Virtual Healthcare does not claim any interest in or rights to Provider Content posted to a provider’s Virtual Waiting Room. Providers are solely responsible for Provider Content posted to the provider’s Virtual Waiting Room.

Priority Virtual Healthcare does not regularly review Provider Content but does reserve the right (but not the obligation) to monitor and edit or remove any Provider Content submitted to the Site. You grant Priority Virtual Healthcare the right to use the name that you submit in connection with any Provider Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Provider Content. You are and shall remain solely responsible for the content of any Provider Content you post to the Site or provide to patients or other consumers – including content posted to your Virtual Waiting Room. Priority Virtual Healthcare and its affiliates take no responsibility and assume no liability for any Provider Content submitted by you or any third party.

You agree to defend, indemnify (if applicable and allowed by law) and hold Priority Virtual Healthcare harmless from and against all third party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by Priority Virtual Healthcare arising out of any Provider Content you post or allow to be posted to the Site or a Virtual Waiting Room.

Do not create or post any inappropriate content (e.g. in your waiting room). We can reuse anything you create on our site. We are not responsible for damages resulting from things you upload.

12. Claims of Copyright Infringement

We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.

Priority Virtual Healthcare respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to Priority Virtual Healthcare’s Designated Copyright Agent, identified below.

Notices of Alleged Infringement for Content Made Available on the Site

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice (“Notice”) complying with the following requirements.

Identify the copyrighted works that you claim have been infringed.
Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
Provide your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to our Copyright Agent:
3445 Winton Pl Suite 114
Rochester, NY 14623
Attn: Priority Virtual Healthcare Inc.

If you believe your copyrighted material has been violated, let us know.

13. Disclaimer of Warranties

Priority Virtual Healthcare DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. Priority Virtual Healthcare DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. Priority Virtual Healthcare DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

We won’t be perfect – but we try our best, but do not guarantee perfection.

14. No Provision of Advice or Services

As part of the Services, Priority Virtual Healthcare provides a platform for a Provider to communicate with consumers, potential consumers, patients, and potential patients. Priority Virtual Healthcare does not provide any medical advice or professional, legal advice, or representations in any way regarding any medical, professional or legal issues associated with Provider, goods or services offered by Provider, including but not limited to any compliance obligations or steps necessary to comply with any state or federal laws and regulations. The Provider should seek its own legal counsel regarding any legal and compliance issues, and should not rely on any materials or content associated with the Site or Services in determining Provider’s compliance obligations under the law. The Provider and Priority Virtual Healthcare agree that Priority Virtual Healthcare is not providing any medical advice or legal advice to Provider or any patient, client or, a customer of Provider or to anyone else who may access the Site or use the Services.

We are not a healthcare provider, lawyer or other licensed professional, so do not ask us for medical, professional or legal advice.

15. Limitation of Liability Regarding Use of Site

Priority Virtual Healthcare AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF Priority Virtual Healthcare TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS).

We are not liable if something bad happens while using the site.

16. Dispute Resolution

In the event of any dispute or claim relating to the Site, the Services or these Terms of Use, you agree to the resolution of such dispute in the state or federal courts located in Rochester, New York. These Terms of Use shall be governed, interpreted and enforced in accordance with the internal laws of the State of New York State (excluding its conflicts of laws principles).

Any legal disagreements between us will be settled in Rochester, New York, USA, and in accordance with New York law.

17. Revisions: General

These Terms of Use (including the Privacy Policy) constitute the entire agreement between Priority Virtual Healthcare and you pertaining to the subject matter hereof. In its sole discretion, Priority Virtual Healthcare may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site. Your use of the Site signifies your agreement to such revisions.

Priority Virtual Healthcare reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice.
In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.

We may occasionally update these terms, so check back in regularly.

18. Refund Policy

Our goal is for you to be successful when using Priority Virtual Healthcare for telemedicine, but we understand that technology doesn’t always cooperate or that other issues can arise, and as a result, we’ve made our Refund Policy as simple as possible.

Please let us know, and we’ll make it right for you.

19. Shared Security Responsibilities

This site is meant to help transmit sensitive data and we’ve done our best to protect that data in our hands. But you are also a part of the solution so: use a strong password; do not share your login credentials; update your software regularly; install and use anti-virus and firewall software (but whitelist Priority Virtual Healthcare!); do not use Priority Virtual Healthcare in a public place and still expect people can’t hear what you are talking about.

Be smart with your personal security choices.

20. Individual Accounts and Abuse

We offer a free service as a benefit to the community. When you let other people share your account; delete your account and sign up again to get another 30 free days; have your whole employee base on our Free or Pro plans etc., you are taking advantage of our system. If we think you are doing this, we’ll probably warn you. If you don’t respond or change your behavior, we’ll delete your account and prevent you from using our Site and Services again. If you have more than one (1) person, employee, or independent contractor in your organization that has accounts with us, you must be on a Clinic plan.

Don’t take advantage of us. It’s very expensive to run a modern software company and we have to pay the bills somehow right?

Copyright

Any reproduction or redistribution of part or all of the contents of this site in any form is prohibited. This includes the source code of Priority Virtual Healthcare, all written content, visual representations of graphics, sounds, content, and videos displayed as part of the site.

You may not, except with our written permission, distribute or commercially exploit the content of Priority Virtual Healthcare. You may not transmit it or store it in any other website.
Additional copyright information.