Our Terms and Conditions:
PLEASE REVIEW CAREFULLY. If you have questions, you may call 877-983-2929.
Access Health Records offers a variety of online products and services, including face to face, webcam enabled, consultations with medical professionals, and supporting customer service, collectively referred to as the (the 'Service'). By using the Service in any way you are agreeing to comply with applicable laws, governed and interpreted by the state of Florida, United States of America, and the following terms and conditions:
1. To Use This Website
Access Health Records requires that its Agreements be made with persons who are qualified to contract. As a customer you must be over the age of eighteen (18) years. In the case of a customer being under the age of eighteen (18) years, a parent or guardian must accept this Agreement and must be present at all consultations.
2. Modification to Terms of Service
Access Health Records reserves the right to modify the Terms of Service periodically, for any reason, and without notice. Please review this Agreement often so you will be apprised of any changes made to this page. Customer agrees that, during the period of this Agreement that we may revise the terms and conditions of this Agreement; and change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on our web site. Unless we expressly note otherwise, these terms incorporate and supersede any other terms associated with the Services.
Access Health Records has the right to discontinue service, or deny access to anyone who violates our Policies or The Terms and Conditions stated herein, without prior notice or warning.
3. Services Provided
The Services are offered on an "as is" basis and used by the Customer solely at his or her own risk. All Customer-specific information provided by Customer in connection with Services shall be used to provide services and features to the Customer and to maintain the associated web sites. Access Health Records shall make no effort to validate any information provided by the Customer for use with Services for content, correctness or usability. Use of Access Health Records services requires a certain level of knowledge in the use the Internet and World Wide Web. The Customer is required to have the necessary knowledge to use the Internet and the World Wide Web.
4. Information
As part of the signing up process, you are required to provide us certain information. Additionally, it is the Customer’s responsibility to update Access Health Records as promptly as possible with information changes so that all records are current, complete and accurate. At any given time, information may be delivered that is considered time-sensitive, such as medical information, diagnosis, lab results, etc., to the e-mail address that has been provided. Please keep this in mind when determining which e-mail address you offer as a contact point. You are obliged to provide us the following information:
- Changes in e-mail address
- Change of address
- Change of phone number
- Change of ownership of account
- Change of credit card number
- Change of banking information
- Change of credit card expiration date
5.Etiquette and Privacy
The network resources of Access Health Records may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Access Health Records. All messages transmitted via Access Health Records should correctly identify the sender; Customers may not alter the attribution of origin in electronic mail messages or posting.
All Customers shall not attempt to undermine the security or integrity of computing systems or networks of Access Health Records its Partners, or those accessed through or with their product, and must not attempt to gain unauthorized access. All Customer-specific information provided by Customer in connection with Services shall be governed by the Access Health Records Privacy Policy which can be found at www.Access Health Records.com/privacy,html. As part of these terms and conditions Customer understands, has read and accepts all terms and conditions contained within the Access Health Records Privacy Policy.
Access Health Records reserves the right to terminate any account that does not include a valid email address on file. This email address must be stored in the profile for the Customer's account on the Access Health Records system.
6.Network Security
Customer agrees that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an "as is", "as available" basis. Access Health Records expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Access Health Records makes no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free. This includes loss of data resulting from delays, and any service interruption caused by Access Health Records employees.
Access Health Records will take all necessary precautions to protect against failure of our equipment and software. The Customer acknowledges and agrees that temporary interruptions in service may occur, and that Access Health Records shall have no liability for any claim, cost, charge, loss or expense arising from or relating to use of the Services. The Customer acknowledges and agrees that data may be lost or corrupted in connection with use of the Services. Access Health Records may perform regular back-ups of all data stored, but shall have no liability to Customer in the event all data is lost or destroyed. Customer acknowledges and agrees that in the event restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of the Services.
7.Service Reliability and Warranties
Access Health Records makes no warranties or representations of any kind, whether expressed or implied for the Services. Customers, use of Access Health Records Services are at Customer's sole risk. Neither Access Health Records, its employees, directors, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Access Health Records Services will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Access Health Records Services, unless otherwise expressly stated in this Agreement.
Access Health Records also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the Customer, or viewers and Customers of Customer's materials, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of Access Health Records. Use of any information obtained by way of Access Health Records is at the Customer's own risk, and Access Health Records specifically denies any responsibility for the accuracy or quality of information obtained through its services.
8. Proprietary Information of Access Health Records
You agree that the Services, which include all software and documentation, both electronic and printed media, contain copyrighted material, trade secrets, patent pending material, and other proprietary intellectual property. The Services are the proprietary property of Access Health Records. They are protected by copyright, trade secret, and patent laws, and other proprietary rights and laws, and they may only be used or accessed as specifically provided for in this Agreement.
You agree that you will not store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse engineer, reverse assemble, or otherwise attempt to discover any programming code or any source code used in or with the Services. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Services (which includes its software and documentation), create derivative works based on or in any manner commercially exploit the Services, in whole or in part. You agree that violations by you, any other person or entity, of these copyrights, trade secrets, patents, other intellectual property protections, or the terms of this Agreement will be prosecuted to the fullest extent of the Law in the federal and state courts located in Florida. The final choice of whether a customer is in violation of any of these policies is at the sole discretion of Access Health Records.
9. Temporary Use License Granted
Only for the duration of being logged into the Customer's valid Access Health Records account, the Customer is hereby granted a non-exclusive, non-transferable temporary license, subject to the terms and qualifications of this Agreement.
A valid Access Health Records account may only be created and maintained by a Customer who fully provides valid personal information about the Customer in the signup process. To maintain a valid account, the Customer must regularly update such information to assure its accuracy, and the Customer must always comply with the terms of this Agreement. The Customer is not granted a license or any other right to store any of the Services (including any portion of the software or documentation) on any computer or other device, or copy or otherwise use such information to create derivative works.
10. Comments, Suggestions and Submissions
Access Health Records welcomes comments, suggestions and submissions by its Customers. Any comments, suggestions and submissions made by Customers, including but not limited to, messages, notes, feedback, artwork, communications, computer code or creative materials provided to Access Health Records shall become the exclusive property of Access Health Records.
At the time the comment, suggestion, and/or submission is made it shall act as a full assignment to Access Health Records of all rights whatsoever (copyright, patentability, and intellectual property). Access Health Records shall have the right to use said comment, suggestion, and/or submission as its own for all legal purposes including but not limited to reproduction, disclosure, publishing, distribution and the like without any compensation to Customer. This section shall not include any personal information submitted by Customer that would be included as part of the Health Information Portability and Accountability Act of 1996.
11.Indemnity
Customer agrees to release, indemnify, and hold Access Health Records, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation infringement by you, or someone else using the Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the Service(s) provided.
You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the Acceptable Use Policy. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in deactivation of your Service(s). Customer shall defend, indemnify, save and hold Access Health Records including, its agents, its clients, its servants, officers, directors and employees) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against them, that may arise or result from Customer’s violation of any of the terms and conditions stated herein. Customer shall defend, indemnify and hold harmless Access Health Records including, its agents, its clients, its servants, officers, directors and employees) against any and all Liabilities caused directly or indirectly by the Customer or any person who Customer allows to access the Services. Under no circumstances, including negligence, shall Access Health Records including, its agents, its clients, its servants, officers, directors and employees) or any one else involved in creating, producing or distributing Access Health Records services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use Access Health Records Services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Access Health Records records, programs or services.
This paragraph shall apply to all content and functionality of Access Health Records Services. Notwithstanding the above, Customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Customer paid directly to Access Health Records during the current month. Such limitations shall apply to Access Health Records total liability, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation of transmission, communications failure, theft of destruction of or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
12.Service term
Customer agrees to a twelve (12) month contract agreement with Access Health Records. At the end of the contract term, the contract will automatically renew indefinitely until explicitly cancelled, in writing, by the Customer, and Customer will be billed, via Customer’s credit card on file, for the next ensuing twelve (12) month term.
13.Non-transferable
Your right to use the Services is not transferable. Any password or right given to you to obtain information or documents from the Site is not transferable.
14.Fees
Customer agrees to pay an annual Membership fee pursuant to the schedule of memberships and fees set forth on the Access Health Records website. As further consideration for the Services, the Customer agrees to provide certain current, complete and accurate information about them as required by the sign-up for Services and maintain and update this information as needed, to keep it current, complete and accurate.
By completing and submitting the sign-up form Customer represents that the statements in their application are true and accurate. Customer agrees that any unpaid balance due hereunder shall bear interest at the rate of 18% per annum, and that costs of collection, including Court costs and reasonable attorney fees shall be added as principal amounts to such balance. Access Health Records reserves the right to modify its’ pricing structure at any time and implement the new price structure at any time prior to billing Customer for Customer’s initial payment or for future payments due pursuant to this Agreement.
15.Access Health Records Calendar
The calendar as seen on the Access Health Records website is based on Eastern Standard Time (E.S.T.)
16.Chargeback / Refund Policy
Access Health Records will not, under any circumstances, issue cash refunds or credits for early contract cancellation. If you have a question about charges made to your account, please contact us immediately. If the charges were made in error, we will immediately credit your account or credit card account for the appropriate amount.
Access Health Records has a zero tolerance policy for chargebacks. Any Customer who disputes a credit card payment that is found to be valid is subject to a fine, suspension and account termination at Access Health Records’s discretion. A minimum charge of $50.00 per chargeback will be assessed to all accounts that receive a chargeback. Any chargeback fees, past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies.
17.Payment Policy
Our payment cycle runs every thirty (30) days.
18. Jurisdiction
This Agreement constitutes the entire understanding of the parties, and is agreed to being entered into in the State of Florida. This Agreement shall be governed and construed in accordance with the laws of the State of Florida and no party shall object to removal or prosecution of any litigation to a federal or state court in Florida.
19.Copyright and Ownership
The content, organization, design, graphics, and other matters related to the Services are protected under applicable copyrights, trademarks and other proprietary rights. You may not copy, redistribute, use or publish any part of the Services. Access Health Records shall retain all rights, title and interest in and to all of the information, content, data, designs, materials and copyrights, patent rights trademark rights and other proprietary rights thereto provided by it pursuant to this Agreement, including but not limited to customers. Except as expressly provided herein, no other right or license with respect to any copyrights, patent rights, trademark rights or other proprietary rights is granted under this Agreement. All rights not expressly granted hereunder by Access Health Records are expressly reserved to Access Health Records and its licensors and information and content providers.
20. Relationship of Parties
The Parties hereto expressly understand and agree that Customer is the customer. Neither Party, nor its agents or employees, are the representatives of the other Party, for any purpose and neither Party has the power or authority as agent, employee or any other capacity to represent, act for, bind or otherwise create or assume any obligation on behalf of the other Party for any purpose whatsoever.
21. Spam and Compliance with Anti-Spamming Laws
Access Health Records has a strict zero tolerance for unsolicited bulk email, unsolicited posting to news groups or other illegal activities. Customer shall not use or permit any of its employees, agents or affiliates to: market, promote or solicit Access Health Records products in ways that violate the federal CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing) or any other laws of the United States. Customer shall not, infringe the rights of others, shall not distribute chain letters or unsolicited bulk electronic mail ("spamming"); propagate computer worms or viruses; use a false identity; attempt to gain unauthorized entry to any site or network; infringe copyrights, trademarks, or other intellectual property rights.
Customer further agrees to comply with U.S. export laws concerning the transmission of technical data and other regulated materials via the Worldwide Web. Customer agrees to indemnify and hold Access Health Records harmless for any and all acts found or suspected to be in violation hereof. Customer shall indemnify and hold the Access Health Records harmless against and from losses, damages, costs, and reasonable attorneys' fees, if any, incurred in defending and/or resolving any suits brought against Access Health Records or any of its employees, shareholders or officers, arising from any claims, by anyone arising out of an alleged violation of any anti-spamming rules, regulations, laws, statutes, and the like.
Your account will be terminated for any of the above infractions. By accepting this agreement you are holding Access Health Records harmless for any and all of these actions and agree to the policies as so stated.
12. Termination and Survival
Access Health Records may terminate Services at any time, without penalty and without notice, if the Customer fails to comply with any of the terms of this Agreement or the intellectual property protections applicable to these Services.
Access Health Records may also seek legal prosecution of any violations of law or this Agreement and the Customer agrees to personal jurisdiction by the Courts in the State of Florida. Upon notice of termination of Services by Access Health Records to Customer via contact e-mail to Customer's Services account and contact e-mail account provided in Customer's personal information, or voluntary termination of service by Customer, Access Health Records has the right to delete all data, files, or other information that is stored in the Customer's account for any reason. The Indemnification, Copyright, Jurisdiction, Warranty, Network Security, Compliance with Anti-Spamming Laws and Privacy terms and conditions stated herein shall survive termination of this Agreement.
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