3D4Medical Complete Consultation Patient Terms of Service

Last updated: 3rd May, 2017

THANK YOU FOR CHOOSING THE COMPLETE CONSULTATION PATIENT PORTAL. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING AND USING THE SERVICES. THE TERMS AND CONDITIONS OF THIS 3D4 COMPLETE CONSULTATION TERMS OF SERVICE (“AGREEMENT”) GOVERN YOUR USE OF THE SERVICES AND SET OUT IMPORTANT INFORMATION REGARDING OUR AND YOUR OBLIGATIONS AND RIGHTS.

3D4 is willing to provide the Services to you upon the condition that you accept all the terms and conditions in this Agreement. By accessing or using the Services, you have indicated that you understand this Agreement and accept all the terms and conditions contained herein. If you do not accept all the terms and conditions of this Agreement, then you may not use the Services.

  1. DEFINITIONS.
    1. “3D4” means 3D4Medical LLC.
    2. “3D4 Indemnitees” means 3D4, its affiliates and their respective officers, directors and employees.
    3. “Access Data” means the information provided to you to establish secure transmissions through the use of the Services, including but not limited to the PIN number and link information.
    4. “Confidential Information” means any business or technical information disclosed by one party to the other party that: (i) if disclosed in writing, is marked “confidential” or “proprietary” at the time of disclosure; (ii) if disclosed orally, is identified as “confidential” or “proprietary” at the time of disclosure, and is summarized in a writing sent by the disclosing party to the receiving party within thirty (30) days after any such disclosure; or (iii) under the circumstances, a person exercising reasonable business judgment would understand to be confidential or proprietary.
    5. “Confidential Information” means any business or technical information disclosed by one party to the other party that: (i) if disclosed in writing, is marked “confidential” or “proprietary” at the time of disclosure; (ii) if disclosed orally, is identified as “confidential” or “proprietary” at the time of disclosure, and is summarized in a writing sent by the disclosing party to the receiving party within thirty (30) days after any such disclosure; or (iii) under the circumstances, a person exercising reasonable business judgment would understand to be confidential or proprietary.
    6. “Privacy Policy” means the 3D4 Privacy Policy accessible at www.3d4medical.com/privacy-policy (or such other URL as specified by 3D4), as may be updated by 3D4 from time to time.
    7. “Services” means our Complete Consultation offering for patients that is made available to you from your healthcare provider and via a specific 3D4Medical link accessible only by the PIN as noted in 1.3.
  2. SERVICES.
    1. Provision of Services. Subject to your compliance with the terms and conditions of this Agreement, 3D4 will provide you access to the Services. 3D4 may also make certain content available through the Services for you to share to your social media accounts. To the extent that 3D4 makes such content available for sharing on your social media, 3D4 grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable, non-assignable license for the sole purpose of sharing such content through your social media account.
    2. Services Restrictions. You will not attempt to interfere with or disrupt the Services or attempt to gain access to any systems or networks that connect thereto (except as required to access and use the Services). Except as expressly specified in this Agreement, you will not: (a) copy, modify, create derivative works based upon, or distribute any portion of the Services, including, but not limited to, adding new features or otherwise make adaptations that alter the functioning of the same; (b) rent, lease, transfer, assign, lend, sell, license, sublicense, provide access on a time-share or service bureau basis, assign or otherwise provide access to the Services; (c) restrict or inhibit any other person from using the Services; or (d) transfer any of your rights hereunder. You will not otherwise use or exploit the Services in any manner that is not expressly permitted by this Agreement.
    3. Acceptable Use Policies.
      1. You acknowledge and agree that 3D4 does not monitor or police communications or data transmitted through the Services and that 3D4 will not be responsible for the content of any such communications or transmissions. You will use the Services and any content provided to you in connection with your use of the Services exclusively for authorized and legal purposes, consistent with all applicable laws, regulations and the rights of others, and compliance with the highest standards for your profession, where applicable.
      2. You will keep Access Data confidential and not disclose Access Data to any third parties. You are responsible for all activity occurring under your account, and any use of your account by a third party or any related act or omission that does not comply with this Agreement will be deemed a breach of this Agreement by you.
    4. Changes to Services. 3D4 has no obligation to update or enhance the Services or to produce or release new versions of same.
    5. Personal Information. Our Privacy Policy explains how we collect, use, manage and disclose Access Data from our users that is submitted to the Services. By using the Services, you indicate that you understand and agree to our Privacy Policy.
  3. ACCESS TO SERVICES. Before you can begin using the Services, you will be required to following the directions provided to you by your healthcare provider who provided you with the link to access the Services. You are responsible for all activities that occur under your account, whether or not you know about them.
  4. OWNERSHIP. 3D4 owns all worldwide right, title and interest in and to the Services, any content provided in connection with the Services, and all derivative works thereof, including all Intellectual Property Rights therein.
  5. NO WARRANTY. THIS SECTION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO SECTION 10.3. THE SERVICES ARE PROVIDED AS “AS IS,” WITHOUT WARRANTY OF ANY KIND. 3D4 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. 3D4 MAKES NO WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY (INCLUDING MEDICAL ACCURACY), TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF SERVICES, OR ANY PART THEREOF. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM 3D4 OR ELSEWHERE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. 3D4 DISCLAIMS ANY WARRANTY THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT ALL ERRORS WILL BE CORRECTED. YOU ASSUME SOLE RESPONSIBILITY AND LIABILITY FOR RESULTS OBTAINED FROM THE USE OF THE SERVICES AND FOR CONCLUSIONS DRAWN FROM SUCH USE.
  6. YOUR OBLIGATIONS.
    1. Enforcement. You will promptly notify 3D4 of any suspected or alleged breach of this Agreement and will cooperate with 3D4 with respect to: (i) any investigation by 3D4 of any suspected or alleged breach of this Agreement; or (ii) any action by 3D4 to enforce this Agreement.
    2. Your Representations. You represent and warrant to 3D4 that: (i) you have all rights, power and authority that are necessary for your use of the Services and you have given your consent for the provision to 3D4 (and 3D4’s use thereof) by your healthcare provider of your Protected Health Information (as such term is defined under US law, or related terms under other applicable law, “PHI”) and personally identifiable information therein; and (ii) your provision of your PHI and personally identifiable information and 3D4’s or any of its affiliates’ processing of such information and Access Data pursuant to this Agreement will not breach any agreement between you and any third party or violate any applicable local, state or federal laws, regulations, orders or rules.
    3. Telecommunications and Internet Services. You acknowledge and agree that your use of the Services is dependent upon access to telecommunications and Internet services. You are solely responsible for acquiring and maintaining all telecommunications and Internet services and other hardware and software required to access and use the Services, including, without limitation, any and all costs, fees, expenses, and taxes of any kind related to the foregoing. 3D4 will not be responsible for any loss or corruption of data, lost communications, or any other loss or damage of any kind arising from any such telecommunications and Internet services.
  7. INDEMNIFICATION.
    1. Indemnification by You. You will defend, indemnify and hold harmless 3D4 Indemnitees, from and against any action or suit brought against a 3D4 Indemnitee by a third party in connection with, arising out of, resulting from or caused by (i) your negligence or intentional misconduct; (ii) your receipt of medical care or medical services in connection with your use of the Services; (iii) your access and use of the Services; (iv) a claim that your use and provision of PHI or personally identifiable information, or Access Data to 3D4 and 3D4’s or any of its affiliates’ processing of such data pursuant to this Agreement breaches any agreement between you and any third party or violates any applicable local, state or federal laws, regulations, orders or rules; (v) a claim that serious health event or bodily injury resulted from your use of the Services; and (vi) your violation of any term or your breach of any warranty herein, or your misrepresentation under this Agreement, including without limitation, Your Representations under Section 6.2, and will pay any costs, damages and reasonable attorneys’ fees attributable to or awarded with respect to such claim.
  8. CONFIDENTIAL INFORMATION.
    1. Use and Disclosure Restrictions. You will not use 3D4’s Confidential Information except as necessary for the performance or enforcement of this Agreement and will not disclose such Confidential Information to any third party. You will protect 3D4’s Confidential Information from unauthorized use and disclosure using efforts equivalent to the efforts that you ordinarily use with respect to your own Confidential Information and in no event less than a reasonable standard of care. The provisions of this Section 8.1 will remain in effect during the term of this Agreement and for a period of three (3) years after the expiration or termination of this Agreement.
    2. Permitted Disclosures. The provisions of this Section 8 will not restrict you from disclosing 3D4’s Confidential Information pursuant to the valid order or requirement of a court, administrative agency, or other governmental body; provided that you give reasonable notice to 3D4 to enable it to contest such order or requirement or limit the scope of such request and assist in the same. When responding to such an order or requirement, you will only disclose that information that is expressly required.
  9. LIMITATION OF LIABILITY.
    1. Exclusion of Damages. THIS SECTION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO SECTION 10.3, IN NO EVENT WILL 3D4 BE LIABLE FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF USE, DATA, BUSINESS OR PROFITS, OR FOR the cost of procuring substitute products OR SERVICES, negative health consequences or bodily injury ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE, OPERATION OR PERFORMANCE OF THE SERVICES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, AND WHETHER OR NOT 3D4 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE AND WHETHER OR NOT FORESEEABLE. EACH OF SUCH LIMITATION IS INTENDED TO BE ENFORCEABLE REGARDLESS OF WHETHER ANY OTHER EXCLUSIVE OR NON-EXCLUSIVE REMEDY UNDER THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.
    2. Total Liability. THIS SECTION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO SECTION 10.3, 3D4’S TOTAL AGGREGATE LIABILITY ARISING UNDER THIS AGREEMENT, FROM ANY AND ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL NOT EXCEED $100.
    3. Non-Excludable Liabilities. Applicable law may not allow for exclusions or limitations of certain statutory conditions, warranties, guarantees and other remedies, or for the exclusion or limitation of certain damages. Solely to the extent that such law applies to you, some or all of the disclaimers, exclusions or limitations set out in this Agreement may not apply to you, and you may have certain additional rights. In respect of any conditions, warrantees or guarantees that cannot be lawfully excluded, to the extent permitted by law 3D4’s liability is limited (at 3D4’s option) to the replacement, repair or resupply of the relevant goods or the resupply or refund of the cost of relevant services.
  10. TERM AND TERMINATION.
    1. Term. The term of this Agreement starts when you accept the Agreement and ends when the Agreement is terminated by either party (“Term”).
    2. Termination for Cause. 3D4 will have the right to terminate this Agreement if you breach any material term or warranty of this Agreement and fail to cure such breach within thirty (30) days after written notice thereof.
    3. Termination for Convenience. 3D4 may terminate this Agreement with respect to your access to and use of the Services for any reason as determined by it in its sole discretion, at any time and without notice to you.
    4. Effect of Termination. Upon the expiration or termination of this Agreement: (i) your right to access and use the Services will immediately terminate, and you will immediately cease all use of the Services; and (ii) you will promptly destroy or return to 3D4 all Confidential Information of 3D4 in your possession or control. 3D4 will have no obligation to maintain your Services account or to retain or forward any data to you, except as required by law.
    5. Right to Terminate or Suspend Services. Notwithstanding anything else in this Agreement, 3D4 reserves the right to change, suspend or discontinue the Services, or any features, components or functions thereof at any time without prior notice. In the event 3D4 chooses to discontinue the Services, or any features, components or functions thereof, upon notifying you, it will have no obligation to maintain the same.
    6. Survival. The rights and obligations of 3D4 and you contained in Sections 2.3, 2.4, , 5, 6, 7, 8, 9, 10, 11.4 and 12 will survive the expiration or termination of this Agreement.
  11. MISCELLANEOUS.
    1. Governing Law. This Agreement will be governed by and construed in accordance with the laws of California without regard to or application of conflict of laws rules or principles. You and 3D4 agree to submit to the personal and exclusive jurisdiction of the courts located in the state and federal courts located within San Francisco Country, CA. The United Nations Convention on Contracts for the International Sale of Goods will not apply.
    2. Assignment. You may not assign, delegate or transfer this Agreement or any rights granted hereunder, in whole or in part, by operation of law or otherwise, without 3D4’s prior written consent, and any attempt by you to do so, without such consent, will be void. 3D4 may freely assign or transfer this Agreement, in whole or in part, by operation of law or otherwise.
    3. Remedies. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.
    4. Notices. All notices or approvals required or permitted under this Agreement will be delivered to you within the Services or to the email address(es) that we have on file for your account. You hereby consent to receive notice from 3D4 through the foregoing means, and such notices will be deemed effective when sent. Except as otherwise specified in the Agreement, any notices to 3D4 under this Agreement must be delivered via first class registered U.S. mail, overnight courier:
      3D4 Medical LLC.
      445 Marine View Avenue
      Suite 110
      Del Mar
      CA 92014 USA
    5. Waiver & Severability. The failure by 3D4 to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. If any provision of this Agreement is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible, and the other provisions will remain in full force and effect.
    6. Entire Agreement. This Agreement is the complete and exclusive understanding and agreement between you and 3D4 regarding its subject matter, and supersedes all proposals, understandings or communications between you and 3D4, oral or written, regarding its subject matter.
  12. CONTACT INFORMATION. If you have any questions regarding this Agreement, you may contact 3D4 at info@3D4Medical.com.

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