Terms and Conditions
Please read these terms and conditions carefully, they contain important information about your rights and obligations in accessing and using mytouchmd.com (“our Website”) or by accessing and using TouchMD touch screens (“our Services”, “our Touch Screens” ) or by accessing and using any other software or service operated by TouchMD (hereafter sometimes referred to as “TouchMD,” “us,” or “our”). By using our website and our services you agree to be bound by these Terms
and Conditions (this “Agreement”), whether or not you register as a free patient member (“Registrant”), or as a licensed Physician or Physician’s Staff member (“Licensee”). By using any Service or by checking the acceptance box at the end of this Agreement, you accept and agree to be bound by all the terms and conditions of this Agreement, as well as any additional terms specific to the particular Services for which you register. Additionally, by accessing the Website or becoming a Registrant or Licensee, you consent to have this Agreement provided to you in electronic form.
TouchMD provides users with access to an assortment of resources, including by not limited to, Physician information, Physician’s staff information, Physician’s facility information, Physician’s pre and post Operation instruction, Physician’s photo gallery, medical topic libraries, and anatomy libraries (“our Services”). TouchMD will provide you with the Services for which you register on TouchMD’s website, subject to the terms and conditions of this Agreement. Licensees acknowledge that the Services may be offered in various separately priced service levels or packages (“Service Plans”), and you and your patient registrants will only receive the Services that you are licensed for, and for which you are paying all associated fees. Licensees may upgrade to a higher Service Plan, if
available, at any time during the term of this Agreement by submitting a new service request by contacting your TouchMD sales representative, or contacting us at firstname.lastname@example.org. Upon any such upgrade, you agree to pay the increased fees for that service in accordance with this Agreement.
To become a registrant or licensee to any Service, you must submit or maintain on file with TouchMD certain registration data, as requested by our TouchMD Touchscreen registration form for the Service. Such registration data shall include, but not be limited to, your legal name, address, email address, contact information, and gender. You must provide a valid email address to become a Registrant. Registrants will have limited ability to participate in some, but not all, of the features and services available within the Service. TouchMD reserves the right, in its sole discretion, to refuse any registration or Service activation request for any reason or no reason, and shall not be obligated to provide any Service to the licensee unless and until it has received payment for the Service(s) applicable fee. If your registration is accepted, we will send you conformation by online electronic means to the email address you have given us on ordering. Your account confirmation will be sent to you within one (1) business day from accepting your registration through TouchMD Touch Screens. In the unlikely event that you have not received your account confirmation by email within one (1) business day of acceptance, or if you have any complaints, please contact us via
email@example.com or by mail to 99 N. Main, Ste 7, Cedar City, UT 84720. You must be at least eighteen (18) years of age to register to TouchMD’s Services, unless otherwise allowed by local, state, and federal law. By using the Website or Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. TouchMD’s use of your registration information is governed by our
Your login may only be used by one person a single login shared by multiple people is not permitted. You are responsible for maintaining the security of your account and password. TouchMD cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service.
You are only permitted to use this Service personally and agree to do so without the use of any automated means including, but not limited to, the use of robotic tools. You will not modify, adapt, or hack the Services or modify another website so as to falsely imply that it is associated with the Services of TouchMD. You shall not transmit any worms or viruses or any code of a destructive nature. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including without limitation for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by TouchMD for use in accessing the Service. In order to protect the integrity of the Services, TouchMD reserves the right at any time in its sole discretion to block Licensees from certain IP addresses from accessing the Website.
RELIANCE ON CONTENT, ADVICE, ETC. Any content or advice that may be posted on our Website, software, or other medium is for informational purposes only and is not intended to replace or substitute for any professional, medical, financial, legal, or other advice. If you have specific concerns or a situation arises in which you require professional advice, you should consult with an appropriately trained and qualified Specialist or Physician. TouchMD does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website or on our Touch Screens. Under no circumstances will TouchMD or its affiliates be responsible for any damage, loss, personal harm or death resulting from your reliance on information or other content posted on our Website, our Touchscreens, or transmitted to or by any Licensees.
DISCLAIMERS OF WARRANTIES. The Website and the Service are provided “AS-IS” and on an “AS-AVAILABLE” basis. TouchMD expressly disclaims any warranty of fitness for a particular purpose or non-infringement.
TOUCHMD CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE AND/OR OUR SERVICE. YOU ACKNOWLEDGE THAT TOUCHMD NEITHER OWNS NOR GOVERNS THE DYNAMIC CONTENT POSTED BY OUR PHYSICIAN LICENSEES SUCH AS, BUT NOT LIMITED TO PRE OPERATION AND POST OPERATION INSTRUCTIONS. You agree that you must evaluate, and bear all risks associated with the use of any of our Website content and Services, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by TouchMD, submitted to TouchMD by Physician Licensees, or presented by TouchMD Touch Screens including without limitation information in, Topic Libraries, Anatomy Libraries, Physician Gallery, Pre/Post Operation instructions, and all other parts of the Service. Use of our Website and our Touch Screens may result in technical malfunction, delay, misdelivery, or other problems with other systems, programs, or computer hardware. TouchMD cannot and does not guarantee compatibility with other systems and hardware.
THIRD-PARTY OR PHYSICIAN LICENSEE CONTENT. Certain content, products, and services available via the Service may include materials from third parties or Physician Licensees. In addition, TouchMD may provide links to certain third-party Websites. You acknowledge and agree that TouchMD is not responsible for examining or evaluating the content or accuracy of any such third-party or licensee material or Websites. Links to other Websites are provided solely as a convenience to you. Because TouchMD has no control over such sites and resources, you acknowledge and agree that TouchMD is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that TouchMD is not in any way responsible for any such use by you.
LIMITATION ON LIABILITY. Except in jurisdictions where such provisions are restricted, in no event will TouchMD be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including but not limited to, physical harm or death, damages for loss of profits, goodwill, use, data or other intangible losses (even if TouchMD has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from your inability to access or obtain any goods, data, information or services through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party or Physician Licensee on the service; or (v) any content posted on the Website or transmitted to Registrants or Licensees; or (vi) any inaccurate or out-of-date on our Website or Touch Screens; or (vii) any other matter relating to the Service. Notwithstanding any provision to the contrary, TouchMD’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to TouchMD in the twelve (12) months prior to the claimed injury or damage. DISCLAIMERS AND LIMITATIONS. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers of warranties may not apply to you. INDEMNITY BY YOU. You agree to indemnify and hold TouchMD, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties and/or your negligent or willful acts, and/or the violation by you of TouchMD’s or any third party’s rights, including without limitation privacy rights, other property rights, trade secret, proprietary information, trademark,
copyright, or patent rights, and claims for libel slander, or unfair trade practices in connection with the use or operation of the Service. Your obligation to indemnify will survive the expiration or termination of this Agreement by either party for any reason.
NO THIRD PARTY BENEFICIARIES. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement. Service Changes and Other Modifications TouchMD may change the terms of this Agreement, at any time by updating the terms posted on TouchMD’s website. Each version of this Agreement will be identified
at the bottom of the page by its effective date. TouchMD reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that TouchMD shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. If you do not agree to any changes posted by in accordance with this Section, you must cancel your account or the affected Service as provided herein before the given changes become effective; otherwise you will be deemed to have accepted and agreed to the changes.
This Agreement will remain in full force and effect while you use the Website and/or are a Registrant or Licensee until terminated according to this Section. Registrants only may terminate their registration at any time, for any reason, by sending TouchMD written notice of termination by email via firstname.lastname@example.org, or by mail to 99 N. Main Ste 7, Cedar City, UT 84720. At any time after activation of a Service, either the Registrant or TouchMD may cancel that Service (or TouchMD
may discontinue the Service completely) by providing written notice to the other party, in which case the Service will terminate on the date specified in the cancellation notice. If no date is specified, the Service will terminate at the end of the then-current contract period (for paid Services). If TouchMD terminates your Service or Registration because you have breached this Agreement, you will not be entitled to any refund. All decisions regarding the termination of accounts shall be made in the sole discretion of TouchMD. TouchMD is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after
your registration or license is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Data in your Account. TouchMD reserves the right to refuse service to anyone for any reason at any time.
Law and Jurisdiction
If there is any dispute arising out of the Website and/or the Service, by using the Website, you expressly agree that any such dispute shall be governed by the laws of the State of Utah, without regard to its conflict of laws provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Utah, in Iron County, for the resolution of any such dispute.
The failure of TouchMD to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The Terms of Service constitutes the entire agreement between you and TouchMD and govern your use of the Service, superseding any prior agreements between you and TouchMD (including, but not limited to, any prior versions of the Terms of Service).