TERMS AND CONDITIONS FOR USERS
This Terms and Conditions (“Terms or Agreement”) governs your use of KoreMed, its licensors, and affiliated practices including Kore Medical, services, and our platform, including koremed.com(“the Site,” "patient portal," “the Service,” “Services,” “Us,” “We,” "Our," "Company," "Website"). Koremed.com is owned and operated by KoreMed, Inc. (the "Company," "We," “Our,” or "Us”). By accessing or using our Site or using our Services, you signify that you have read, understand, and agree to be bound by these Terms and Conditions ("Terms” or “Agreement"). By visiting our Site or signing up for any of our services, you engage in our Services (the “Service,” “Services”). These Terms and Conditions apply to all users of the Site, including browsers. You must be at least 18 years old or older to access our website and its content. As used herein, “You, “User” or "Users" means anyone who accesses and/or uses the Site or any of our Services or if the user represents an entity or other organization, that entity or organization.
You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms, without notice, by posting updates and/or changes to our website. It is your responsibility to check this page periodically for any such changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
These Terms and Conditions were last updated on January 25, 2021.
Section 1 – Eligibility.
Users must be at least 18 years of age and able to form legally binding contracts to access the Site and use the Services. If you are below this age of consent or otherwise unable to form legally binding contracts to use online services, you may not access the Site or use the Services.
Section 2 - Access to the Service.
2.1. Subject to your acceptance of and compliance with this Agreement, the Company grants to you a non-exclusive, non-transferable, revocable, limited license to use the Service. Your use of the Service is conditioned upon Your compliance with this Agreement; any use of the Service in violation of this Agreement will be regarded as an infringement of Company’s copyrights in and to the Service. ANY BREACH OF THIS AGREEMENT WILL RESULT IN THE TERMINATION OF YOUR ACCESS TO OUR SERVICES.
2.2. Any new features or services which are added, at our sole discretion, shall also be subject to this Agreement. The company may change, modify, suspend, or discontinue any aspect of the Service at any time. Such change, modification, suspension, or discontinuation can be for any reason and is not limited to your breach of this Agreement. The company may also impose limits on certain features or restrict or prohibit your access to parts or all of the Service without notice or liability. You agree to be bound by any rules associated with third-party applications or tools used within the Service.
Section 3 - Usage Rules.
You agree that the Site would be irreparably harmed by the use, by You or others, of the Site or facilities in connection with the transmission of spam, newsgroup postings, or unsolicited email in violation of this Agreement, and that the Company is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). The Company reserves the right to block, filter, or delete unsolicited email, postings, or messages.
When communicating directly with members of our team, you agree to be respectful and kind. If we feel that your behavior towards any of our team members is at any time threatening or offensive, we reserve the right to immediately terminate your access to our services.
You agree to be responsible for any damages resulting from your breach of this Agreement and reimburse us for all costs, expenses, and fees (including all attorney's fees) arising from or relating to your breach.
Section 4–Privacy and Protection of Personal Information.
Section 5 – Links.
Through your use of the Service, you may be provided with hyperlinks to other Internet sites, patient portal, or resources, including hyperlinks provided by third-party advertisers and sponsors to the Service. We make no representation or warranty as to those sites and resources or the advertising material presented by third-party advertisers and sponsors through the Service. You agree that Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such information, goods, or services available on or through any such site or resource.
You may link to the Site unless notified otherwise in writing by the Company. However, You may not frame the Site in a manner that may cause confusion to Our customers, nor may You interfere or attempt to interfere in any way with the operation of the Site, including without limitation through data mining, the use of any robot, scraper or other automated devices, or circumvention or attempted circumvention of any Site security features.
Section 6 – Intellectual Property.
The information available through the Service is the property of the Company and others and is protected by copyright and other intellectual property laws. Information received through the Service may not be displayed, reformatted, and printed, or used for any commercial purpose whatsoever without the Company's prior written consent. All copyrights and other intellectual property rights in the Site, including without limitation all written and graphical content included in the Site, are owned by the Company. The KoreMed logo and any other marks used on the Site are trademarks of KoreMed, Inc. Such marks may not be used without the prior written consent of the Company. Any use of those marks, or any others displayed on the Site, will inure solely to the benefit of their respective owners. All rights reserved.
Section 7 - Disclaimers; Limitations; Waivers of Liability.
7.1.All content found on the Website, including text, images, audio, or other formats were created for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health providers with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website.
If you think you may have a medical emergency, call your doctor, go to the emergency department, or call 911 immediately. KoreMed does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided by KoreMed, KoreMed employees, contracted writers or medical professionals presenting content for publication to KoreMed is solely at your own risk.
7.3. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE KOREMED PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST OR ANTICIPATED PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, THE USE OR MISUSE OF SUBMISSIONS OR CONTENT IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT THE KOREMED PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE FOREGOING EXCLUSION OF LIABILITY IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THE PARTIES INSTEAD AGREE THAT THE KOREMED PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN ONE HUNDRED DOLLARS.
7.4. TO THE FULLEST EXTENT PERMITTED BY LAW, THESE DISCLAIMERS OF LIABILITY APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
Section 8 - Release.
You forever release, discharge, and covenant not to sue the KoreMed Parties from any and all liability, claims, actions, and expenses that may arise, whether caused by the negligence of the KoreMed Parties or otherwise, in connection with use of the Service or through or as a result of the Service. In other words, you agree that you cannot sue the KoreMed Parties if anything happens to you, your personal information, any individual that you provide access to use the Service or your property in connection with use of the Service or through or as a result of the Service. You agree that the provisions in this paragraph will survive any termination of your account(s), the Service, or this Agreement.
Section 9 - Indemnification.
You agree at all times to indemnify, defend and hold harmless the KoreMed Parties harmless from any claim, causes of action, damages, liabilities, demands, costs, and expenses, including reasonable attorneys’ fees, made by any third-party due to or arising out of your use or misuse of the Site or Services, your breach of this Agreement or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section 10 - Governing Law and Dispute Resolution.
The laws applicable to the interpretation of this Agreement shall be the laws of the State of New York, and applicable federal law, without regard to any conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Queens County, New York. You also agree that in the event any dispute or claim arises out of or relating to your use of the Site or the Services, that you and Company will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unsettled for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, shall be resolved by final and binding arbitration in Queens County, New York under the rules of the American Arbitration Association then in effect. Should you file any arbitration claims, administrative or legal actions without first having attempted to resolve the matter by mediation, then you will not be entitled to recover attorney's fees, even if you would otherwise be entitled to them.
THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. IN ADDITION, YOU HEREBY AGREE THAT ANY DISPUTES RELATED TO YOUR USE OF OUR SERVICES SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
Section 11 – Severability.
In the event that any provision of this Agreement is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 12 – Miscellaneous.
(a)Company operates and controls the Service from its offices in the United States of America. The company makes no representation that the Service is appropriate or available in other locations. The information by the Company is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. (b) This Agreement is effective until terminated by either party. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from the Company if, in our sole discretion, you fail to comply with any term or provision of this Agreement or for any reason in the Company’s sole discretion. (c) Neither the course of conduct between the parties nor trade practice will act to modify this Agreement to any party at any time without any notice to you. (d) You may not assign this Agreement without the Company’s prior written consent, which may be withheld in Company’s sole discretion, and any assignment without such consent shall be deemed null and void. Such anti-assignment provision shall not apply to any entity that has a right to assign its written agreement with the Company relating to the Service. (e) The section headings used in this Agreement are for convenience only and will not be given any legal import. (f) Upon Company’s request, you will furnish Company any documentation, substantiation, or releases necessary to verify your compliance with this Agreement. (g) You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
Section 13 - Statute of Limitations.
Section 14 - Changes to this Agreement.
You can review the most current version of the Terms and Conditions at any time at this page. We reserve the right, at our sole discretion, and without notice to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
Section 15 – Entire Agreement.
These Terms and Conditions and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire Agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
Section 16 – Contact Information.
Questions about the Terms and Conditions should be sent to us at [email protected].
What Personal Information Do We Collect?
As part of our website and services, you may be asked to provide certain information about you and we may collect information automatically through your usage. We collect personal information that you provide or input on the site, including:
- Name, date of birth, and contact information, including your phone number;
- Login details, including email address and password;
- Website and Social media account information, and profile image,
- Information in correspondence with us
- Payment information, including your address and credit card information,
- Demographic information
- Location information
How Do We Use Your Personal Information?
Personal data you provide to the Service. We may use the personal data you provide to the Service for the following purposes:
- To set up and maintain your subscription with the Service;
- To communicate with you;
- To contact you with information that we believe will be of interest to you;
- To tailor our content and information that we may send or display to you, to offer personalized help and instructions, and to otherwise personalize your experience with our Service.
- For the purposes for which you specifically provided it including, without limitation, to enable us to process your registration, provide the Services or other requests.
- To provide features available in the Service;
- To develop, improve, and protect the Service;
- To notify you about our products, services, and special offers;
- To send you information about your relationship or transactions with us.
- For direct marketing and market research, including for example reading recommendations and targeted marketing, in accordance with applicable law;
- To use user content as part of our Service as well as advertising and marketing campaigns to promote the services
- To allow other select companies to send you promotional materials about their products and services;
- To comply with applicable legal obligations, including responding to a subpoena or court order
- To enforce our terms, conditions, and policies
- To prevent and investigate fraud and other misuses; and
- To protect our rights and/or our property.
Data collected automatically. We may use the data collected automatically for the following purposes:
- To manage the Service;
- To provide features available in the Service;
- To personalize the Service. In particular, cookies may be used for providing us information on the content you’ve shared on social media after or before registering for the Service. We may use this information to provide you with advertiser content recommendations;
- To develop, improve, and protect the Service;
- For market research and data analysis, including for example reading recommendations and behavioral targeting and targeted marketing, in accordance with applicable law;
- To audit and analyze the Service; and
- To ensure the technical functionality and security of the Service.
Do We Ever Share Your Personal Information with Third-Parties?
We share the information we collect as follows:
Legal Disclosures. We may disclose a Service user’s information (including personal information) where we believe that we are required to do so in order to comply with an applicable statute, regulation, rule of law, a subpoena, a warrant or administrative request, a court or regulatory order, or other valid legal processes. We may also disclose personal information where we believe it is necessary to identify, contact or bring legal action against someone who may be violating the Terms of Service for our Service, to detect fraud, for assistance with a delinquent account, as evidence in litigation in which we are involved, or to protect the safety and/or security of our users, the Service or the general public.
Affiliates and Business Partners. We may share your information with affiliated companies and business partners. However, we will not share your personal health information for any marketing purposes without your prior consent, in accordance with applicable law. When you engage in promotions or Services offered through KoreMed, we may partner with a business to fulfill that offer. When you accept a particular business partner’s offer, you authorize us to provide your information to that business partner.
Service Providers. We may employ independent contractors, vendors, and suppliers to provide specific services related to the Service, such as hosting and maintaining the Service, providing payment processing and fraud screening, data analysis, and developing applications for the Service, email services, and marketing enrichment services. We may disclose a Service user’s information to these service providers as necessary for those service providers to provide their service.
Aggregate and De-Identified Information. We may also provide aggregate, anonymous, or de-identified information about users and the Service for marketing and research purposes. For example, we might inform third parties regarding the number of unique users who visit the Service, the demographic breakdown of our registered users of the Service, and the educational progress of categories of users.
What Privacy Protections are there for third-party links used on the website?
Content and information posted by the Company may contain links to other sites, including those of our business partners or affiliates. While we seek to link only to sites that share our high standards and respect for privacy and security, we are not responsible for the privacy practices used by other sites.
How do we respond to “Do Not Track” Signals?
Are There Any Age Restrictions for Use of the Company’s Services?
You must be at least 18 years old or older to gain access to our website or our services. This website is not intended for those who are under 18 years old. The Company does not knowingly collect any information from anyone who is under 18 years of age and does so in compliance with the Children’s Online Privacy Protection Act. This website, as well as its contents and services, is directed solely to individuals who are at least 18 years old.
If we learn we have collected Personal Data from a child under 18 without parental consent, we will delete that information, unless we are legally obligated to retain such data. If you have any reason to believe we may have unknowingly collected data from a minor under the age of 18, please immediately send us an email at [email protected].
What Rights do You have?
You have the following rights with respect to the personal data we hold about you:
- The right to know what data we hold about you:You can contact us at [email protected] to review the personal data you have provided to the Service. We seek to swiftly respond to your inquiry. We may charge a small processing fee if less than twelve (12) months have passed since your last inquiry relating to the personal data we hold about you.
- The right to have incomplete, incorrect, outdated, or unnecessary personal data corrected, deleted or updated. The easiest way to correct, delete, or update the personal data you have provided to the Service is to access your profile settings and enter the necessary changes there. If you have additional questions regarding the correction, deletion, or updating of the personal data we hold about you, please contact us at [email protected].
- The right to opt-out of receiving electronic direct marketing communications from us: All electronic direct marketing communications that you may receive from us, such as e-mail messages, give you an option of not receiving such communications from us in the future. If you have any additional questions about electronic direct marketing received from us, please contact us at [email protected].
What Additional Rights Do Nevada Users Have?
Under the Nevada Privacy Law (SB220), certain Nevada residents may opt-out of the sale of “personally identifiable information” for monetary consideration to a person for that person to license or sell such information to additional persons. “Personally identifiable information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online.
KoreMed does not sell your personally identifiable information. However, if you are a Nevada resident who has purchased or leased goods or services from us, you may submit a request to opt-out of any potential future sales under Nevada law by emailing [email protected]. If our policy on selling personal identifiable information changes, we will honor your request.
What Additional Rights Do California Users Have?
The California Consumer Privacy Act provides some California residents with the additional rights listed below.
Right to Know. You have the right to know and see what data we have collected about you over the past twelve (12) months, including:
- The categories of personal information we have collected about you;
- The categories of sources from which the personal information is collected;
- The business or commercial purpose for collecting your personal information;
- The categories of third parties with whom we have shared your personal information; and
- The specific pieces of personal information we have collected about you.
Right to Delete. You have the right to request that we delete the personal information we have collected from you (and direct our service providers to do the same). There are a number of exceptions, however, that include, but are not limited to, when the information is necessary for us or a third party to do any of the following:
- Provide you with a good or service, or otherwise perform a contract between us and you;
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
- Fix our system in the case of a bug;
- Protect the free speech rights of you or other users;
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et seq.);
- Comply with a legal obligation; or
- Make other internal and lawful uses of the information that are compatible with the context in which you provided it.
Other Rights. You have the right to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclose to third parties for their own direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. You also have the right not to be discriminated against for exercising any of the rights listed above.
Exercising Your California Privacy Rights. To request access to or deletion of your personal information, or to exercise any other data rights under California law, you may write to us at [email protected]. Please include your full name and email address associated with your use of our services, along with why you are writing, so that we can process your request in an efficient manner.
Response Timing and Format. We aim to respond to a consumer request for access or deletion within 45 days of receiving that request. If we require more time, we will inform you of the reason and extension period in writing.
What Additional Rights do EAA Residents Have?
If you are resident outside the United States, including in the EEA; European Economic Area (“EEA”), which includes the member states of the European Union (“EU”), we transfer Personal Data provided by you for processing in the United States, including Personal Information sent via e-mails or when you create an account. Under the GDPR, we are considered a “controller” and a “co-processor” of the Personal Data of EEA Residents. By providing Personal Data to us for the purpose of using the service, website, or mobile application, you consent to the processing of such data in the United States. The transfer of your Personal Data to the United States is necessary for the performance of a contract between you and us for your use of the website or mobile application.
Please note that the United States does not have data protection laws equivalent to those in the EEA and other jurisdictions.
Rights of EEA Residents
All processing of Personal Data of EEA Residents is performed by us in accordance with the General Data Protection Regulation (2016/679) of the European Parliament and of the Council on the protection of natural persons regarding the processing of Personal Data and on the free movement of such data (“GDPR”).
Under the GDPR, we are both the controller and a co-processor of the Personal Data of EEA Residents. Our purpose for collecting and processing Personal Data from EEA Residents is to provide them with the features and functionalities of our website and mobile application and information regarding our services. The legal basis for collecting Personal Data is because it is necessary for the performance of a contract between us to provide you with the website and mobile application and its related features and functionality. We also rely on your consent to receive information about our services. You may withdraw consent from receiving marketing and promotional communications by clicking the “Update Email Preferences” link on the communication. If EEA Residents do not provide Personal Data to us or withdraw consent for processing such Personal Data, we may not be able to provide such residents with certain features or functionalities of the website or mobile application or information regarding the services, including processing payments.
If you are an EEA resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us at [email protected].
Additionally, if you are an EEA resident, we are hereby notifying you that we are processing your information in order to fulfill contracts we might have with you, or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to the United States.
Security of Transmission of Personal Information and Risks Related to the Internet
Our website and mobile application have security measures in place to help protect against the loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction of the information under the company’s control. The website uses no encryption (data scrambling) on certain portions of the website but does use encryption on portions where you are transmitting financial information, such as credit card information. When you are on any website that asks you for confidential information, you should check to see if the information being transmitted is encrypted in order to increase the security of your information. Although every effort is made to ensure no one else will view, seize or obtain your information, complete confidentiality and security are not yet possible over the Internet. Any unencrypted email communication over the Internet is not secure or confidential and is subject to possible interception, loss, and alteration. The company, its agents, administrators, employees, and affiliates may not be held liable for any damages you or anyone else may suffer or incur as a result of the transmission of confidential or sensitive information over the Internet, and all such communications will be made at your own risk.
We seek to use reasonable organizational, technical, and administrative measures to protect Personal Information under our control. For example, we seek to use Secure Sockets Layer ("SSL") technology for all financial transactions conducted through the website or mobile application.
Unfortunately, no data storage system or data transmission over the Internet can be guaranteed to be 100% secure. Please also be aware that we may use third-party cloud service providers that provide hosting, data storage, and other services pursuant to standard terms and conditions that may be non-negotiable; these service providers have informed us or the general public that they apply security measures they consider adequate for the protection of information within their system, or they have a general reputation for applying such measures.
How Are Users Notified of Any Changes to this Policy?
How Can I Contact the Company Regarding this Policy?