Telehealth.org Terms and Conditions
This page states the Terms and Conditions (“Terms”) under which you, the Web Site visitor (“You” or “Your” or “Yourself”) may use this Web site (“Our Site”), which is owned by Telehealth.org, LLC, (“We” or “Us” or “Our”), a Delaware-based corporation with a mailing address of 5173 Waring Road, #124 San Diego, CA 92120. This agreement extends to any of Telehealth.org’s derivative websites and products, including but not limited to its Newsletters, such as the “Telehealth.org News” and the Telehealth.org Webinar Series newsletter also known as “Telehealth.org Webinars”; as well as the Telehealth.org Webinars themselves; the Telehealth.org Blog, the Telehealth.org Buyer’s Guide and Telehealth.org Reviews; Telehealth.org’s professional training facility; the Optimizing Telehealth the California-registered non-profit entity known as the “Telehealth Institute” and any derivative sites that are owned by “telehealth.org”.
By using this Web site, You agree to be bound by all of the Terms and Conditions set forth below. If You do not accept these Terms and Conditions, please do not use this Web site. We may, in Our sole discretion, revise these Terms and Conditions at any time; therefore, You should visit this page periodically to review the Terms and Conditions. Having such access to and use of the Site (including the content of such Site) through Us is collectively referred to as “the Service(s).”
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SERVICES OR OTHERWISE ACCESS THE SITE.
You may use Our Site for legal purposes only. Your rights to use this Site may be further limited by federal law or the laws or regulations in Your particular state or locality.
Your Acceptance of the Terms and Conditions
You agree to be bound by the terms and conditions of this Agreement, and any modifications thereof, as long as You continue to access and use the Services. Because of the possibility that the Agreement could change between visits, You also agree to check the Terms of the Agreement each time You return. Your continued access to or use of Our Site Content (defined below) shall be deemed Your conclusive acceptance of modifications to this agreement.
The Rights We Grant to You, the Site Visitor
The contents of this Web site, such as text, graphics, images, video and other content (the “Site Material”), are protected by copyright under both United States and foreign laws. We authorize You, non-exclusively and non-transferably, to view and download a single copy of the Telehealth.org Site Material for Your personal use. This authorization is not a transfer of title in the Site Content or copies of the Site Content. Unauthorized use of the Site Material violates copyright, trademark, and other laws. You agree to retain all copyright and other proprietary notices contained in the original Site Material on any copy You make of such material. You may not sell or modify Our Site Material or reproduce, display, distribute, or otherwise use the Site Material in any way for any public or commercial purpose. The names, marks and logos (“Marks”) included in the Site Material are, unless otherwise noted, registered and/or common law trademarks owned by or licensed to Us. Marks not belonging to Us belong to their respective third party owners and We claim no rights in them. The use of these marks or the Site Material, except as provided in these Terms and Conditions, is prohibited.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. Our Services display some content that is not Telehealth.org’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
We Welcome Your Comments
You acknowledge that the Service contains “Site Content,” which collectively refers to any of the following owned by Us or certain third parties as specified hereunder: any text, graphics, images, information, software, audio and video clips, links, logos, icons, and other material, including but not limited to proprietary and confidential information, copyrights, patents, trade secrets, trade dress (characteristics of the visual appearance), service marks and trademarks, including the Marks (as defined below). Any Site Content owned by Us is referred to herein as “Our Site Material.” Site Content may also include “Third Party Site Material” and “User Information,” both as defined below. Our Site Material may include technical inaccuracies or typographical errors. We reserve the right to make changes and updates to any information contained on Our Site without prior notice.
Rights to the Site Content
All Site Content, in whole or in part, is protected by all applicable copyright laws, international conventions or treaties, and any other intellectual property or proprietary laws, and, unless in the public domain, or unless otherwise stated, is owned by Us, whether or not such rights are expressly identified in, or in connection with, such Site Content.
You understand and agree that You may not remove, alter or cover any copyright or other proprietary notices placed on Our Site. No other license to use any of the Site Content is given or implied without the respective owner’s prior written consent. You may not transfer the Site Content to any other person unless You give him or her notice of, and s/he agrees to accept, the obligations arising under these Terms. You agree that You will not refer to or attribute any information to Us in any public medium (regardless of form) for advertising, public relations, marketing or other purpose (including informing or influencing any third party). You also agree that without Our express, written permission You will not incorporate a hyperlink to Our Site into Your Web site or the Web site of another including, but not limited to, links to the home page, deep links, or framed links.
Unless otherwise specified hereunder, You may not sell, rent, modify, reproduce, display, distribute, redistribute, republicize, retransmit, participate in the transfer or sale, create derivative works, or in any way exploit or otherwise use the Site Content, in whole or in part, in any way without the respective owner’s prior written consent.
The names, marks, logos and/or text appearing on the Site Content (“Marks”) are registered and unregistered trademarks owned by Us and protected under all applicable laws, except as otherwise noted on the Site. Unless otherwise specified hereunder, such Marks may not be used in any way that is not expressly authorized by Us or the respective owner, in any manner that is likely to cause confusion among the public about Us or Our business (or the respective owner and its business), or in any manner that disparages or discredits Us (or the respective owner and its business). Our name, trademarks, and logos may not be used as metatags for any website other than our own.
You agree that You will not copy or reproduce any Mark of Ours to imply an endorsement by or relationship with Us.
User Rules and User Information
Improper Use of Our Site
All aliases adopted by Our users are subject to approval by US to ensure that the proper image is associated with Telehealth.org.
Digital Millennium Copyright Act Notice
We respect the rights of copyright owners and expect You to comply with U.S. and foreign copyright law. We have procedures in place to protect the rights of copyright owners in the event of alleged infringement, in accordance with the Digital Millenium Copyright Act (“DMCA”). If You believe that Your copyright is being infringed by any material viewed on this Web Site, please send a notice, in accordance with the DMCA, to Our designated agent, Marlene M. Maheu, PhD, 5173 Waring Road, #124 San Diego, CA 92120.
Disclaimer of Warranties
WE DO NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL. YOU ASSUME COMPLETE RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. TELEHEALTH.ORG 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 make no representations or warranties whatsoever regarding the Site and any materials on the Site. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF SERVICE OR ELSEWHERE, IF YOUR USE OF THE WEB SITE OR THE SITE’S MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. THIS WEB SITE AND ITS MATERIAL ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES AND PARTNERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY, OF NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND OF FITNESS FOR A PARTICULAR PURPOSE. WE AND OUR AFFILIATES MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION, MATERIAL, DOWNLOADS, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS ON THIS WEB SITE.
WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD AND DISTRIBUTED BY TELEHEALTH.ORG ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE MATERIAL ON THIS WEB SITE OR SITES LINKED TO THIS WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE AND/OR ANY AFFILIATE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, PDF DOWNLOADS AND/OR LINKED WEBSITES IS TO STOP USING THE SITE, AND/OR THOSE SERVICES. IT IS YOUR SOLE RESPONSIBILITY TO INSTALL FULLY-OPERATIONAL SECURITY SOFTWARE ON ALL ELECTRONIC DEVICES USED TO ACCESS DOWNLOADS AND THE SITE. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF TELEHEALTH.ORG TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $50 (FIFTY DOLLARS).
The Site does not offer legal or ethical counsel and is not intended to be a substitute for professional advice. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the Site. This site offers education only. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content. In other words, Telehealth.org products and services are offered as informational only, and intended to alert you to the issues so that you can ask appropriate and useful questions to your authorities, which include but are not limited to your licensing board(s), professional association(s), malpractice insurance carrier(s), legislative representatives and in some cases, employers. Never disregard professional advice, including medical advice, or delay in seeking it, because of something you have read on this Site. Never put your livelihood in jeopardy based on what you have read or heard from the Site. Seek the counsel of properly licensed financial and legal professionals to guide all decisions related to your financial and legal well-being.
You are solely responsible for the content of any posting or profile information that you make on the Site and any consequences arising from such posting or profile. We assume no responsibility for materials posted by our users or any other actions, conduct or omissions of our users. We act as a service provider for users to distribute and publish their materials. We do not undertake responsibility for screening or monitoring our users’ materials. However, we will delete messages posted for any variety of reasons, and are the sole judge of what, where and when postings or other information will be removed without the obligation to explain or defend such deletions to any stakeholder.
Bloggers who post articles to our Site or newsletter are not employed by us. Each blogger is solely responsible for the content of their articles. We do not undertake responsibility for screening or monitoring our bloggers’ materials. The opinions expressed by the bloggers are their own and are not our opinions or endorsed by Us. Bloggers may choose to pay for the opportunity to blog on our site. They may also pay an insertion fee to have all or a portion of their article carried in our blog and any of the Telehealth.org newsletters.
Telehealth.org carries reviews of technology and describes features and benefits of the technology in the Telehealth.org Tech Review section of the website. Telehealth.org cannot and does not accept liability for Your decisions regarding these products. Please conduct your due diligence regarding information found on Telehealth.org’s Tech Review and understand that when You click any of the links in the Telehealth.org reviews, You will be taken to the Amazon or other vendor’s website, where You’ll be able to read other reviews at Your convenience. Careful consideration of all Your needs and product limitations are left solely to You, the consumer. Buyer beware.
Telehealth.org offers the Telehealth.org Buyer’s Guide and offers listings to vendors and telehealth service providers to describe their features and benefits of the technology. Telehealth.org cannot and does not accept liability for Your decisions regarding these product vendors or service providers. Please conduct your due diligence regarding information found on Telehealth.org’s Buyer’s Guide and understand that when You click any of the links in the Telehealth.org Buyer’s Guide, You will be taken to the vendor or service provider’s website, where You’ll be able to assess their features and benefits at Your convenience. Careful consideration of all Your needs, product or service provider’s limitations are left solely to You, the consumer. Buyer beware.
Limitation of Liability
In recognition of the relative risks and benefits of using Telehealth.org’s website, products and services, including but not limited to training, consulting, posting a public-facing profile or service description in any of Telehealth.org’s webpages, publications, or training center, the risks have been allocated such that You agree, to the fullest extent permitted by law, to limit the liability of Telehealth.org and Telehealth.org’s officers, directors, partners, employees, shareholders, owners and subconsultants for any and all claims, losses, costs, damages of any nature whatsoever whether arising from breach of contract, negligence, or other common law or statutory theory of recovery, or claims expenses from any cause or causes, including attorney’s fees and costs and expert witness fees and costs, so that the total aggregate liability of the Telehealth.org and Telehealth.org’s officers, directors, partners, employees, shareholders, owners and subconsultants shall not exceed Telehealth.org’s total fee for services rendered. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law, including but not limited to negligence, breach of contract, or any other claim whether in tort, contract or equity.
Nothing contained in this section shall prevent a party from negotiating and expressly agreeing with respect to the allocation, release, liquidation, exclusion, or limitation as between the parties of any liability (a) for technological issues defects, or (b) of the content of the Telehealth.org training, repercussions of participating or not participating it any Telehealth.org discussion area in social media or at the Telehealth.org website, downloads, or the accuracy or sufficiency of any Telehealth.org product or service to address your needs. If You do not wish to limit your professional liability to this sum, if the Telehealth.org agrees to waive this limitation upon receiving Your written request, and You agree to pay an additional consideration of $300 or 50 percent of the total fee so that additional limits of liability may be made a part of this Agreement.
No Endorsement of Third Party Site Material
Our Site Content may include information, products or services provided by third parties on, linked to, or framed within, the Site (“Third Party Site Material”). Third Party Site Materials are the opinions and creations of the authors and/or owners identified in those materials. As such, We do not assume any responsibility or liability for any Third Party Site Material, even if Telehealth.org received payment for carrying such links in the form of paid advertising, affiliate links, sponsorships or other forms of promotion. Buyer Beware. Our publication of Third Party Site Material does not constitute Our endorsement, warranty or guarantee of any information, instruction, opinion, products or services contained within the Third Party Site Material.
Our Management of Site Content
Termination of or Change in Service
One Year Limit
Survival of Certain Provisions
No Practice of Medicine, Nursing, Counseling or Psychotherapy
No Practice of Supervision
Telehealth.org does not offer supervision of any type for you or your practice. If you desire supervision, we suggest you approach a qualified professional in your local jurisdiction who is properly licensed and trained to give you the supervision you seek or appropriate recommendations to meet your specific needs.
Contacting Others Through Our Services
Telehealth.org disclaims any responsibility for your contact with parties of any type through Our Services. Exercise due diligence, restraint and caution when communicating with any parties through our web site, Telehealth.org training platform, blog or newsletters.
These Terms are governed, construed and enforced in accordance with the laws of the State of Delaware, without giving effect to its conflicts of law rules. Before seeking legal recourse for any harm You believe You have suffered from Your access to Our Site, You will give Us written notice specifying the harm and thirty (30) days to cure the harm after providing such notice before initiating any action.
Except for Our claim for injunctive relief in any court having jurisdiction, You and We agree to submit to the personal and exclusive jurisdiction of the Delaware courts. By accessing the Site and using the Service, You waive any defense of an inconvenient forum and of jurisdiction on account of place of residence or domicile, and You agree that You waive Your right to a jury trial.
This Site originates from Delaware. Therefore, We make no representations that the information on Our Site is appropriate or available for use in any location other than Delaware, including any location outside of the United States. Telehealth.org makes no representation that Our Site Content is appropriate or available for use in any jurisdictions or countries other than the United States. Access to the Site from states, territories or countries is strictly prohibited if such access is illegal in such jurisdiction. You agree that Your decision to access Our Site is done solely on Your own initiative and that You are solely responsible for complying with any applicable laws regarding such access.
You may not use Our Site or export Site Content in violation of U. S. export laws and regulations. Given the global nature of the Internet, You agree to comply with all local rules (applicable to where You physically reside) regarding Internet conduct and content. You also agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which You physically reside.
Export Control Laws
Claims of Copyright Infringement
Telehealth.org disclaims 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.
Telehealth.org 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 Telehealth.org Designated Copyright Agent identified below.
“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, send either electronically through the through Telehealth.org Contact Center or by surface mail to:
5173 Waring Road,
#124 San Diego, CA 92120
Responsibility for Vendors Named in Training or in the Telehealth.org Website
Telehealth.org disclaims any responsibility or liability for your choices regarding purchases related to vendors listed in the Telehealth.org professional training, during consultation services, in the Telehealth.org Buyer’s Guide, Telehealth.org Service and Equipment Reviews, the Telehealth.org Blog, or in any other website advertising, affiliation, sponsorship or partnership. You alone are responsible for your decisions regarding any vendor. We advise that you conduct your own due diligence before making any purchases related to any vendors mentioned in any of mention of products and services.
Fees, Charges and Refunds
Fees and charges posted on this Web site are accurate only as of the date posted, and are subject to change. We accept all major forms of credit cards, including Visa, MasterCard, and Discover. We also accept PayPal for domestic as well as worldwide payment. For alternate payment options such as payment by check, please contact us. For Your convenience, Telehealth.org also offers a monthly payment plan option on select programs. After Your initial purchase, Your credit card will be set up to be charged for that payment amount on that same date for the remaining payments. Telehealth.org does not accept any liability for Your credit card fees or complications. However, payment plans are offered as a courtesy only. This option for new purchases may be terminated at any time and at the sole discretion of Telehealth.org for any reason.
SPECIAL NOTE: Please inform Telehealth.org of credit card changes. As a courtesy, Telehealth.org will make one attempt to contact you for a valid credit card number the first time your monthly payment fails to process because of a credit card change. Subsequent attempts will incur a $45 reinstatement fee. All access to Telehealth.org will be suspended immediately upon credit card failures. See our FAQ for more payment information.
Telehealth.org offers you a satisfaction guarantee within 30 days of purchase, as long as you have not yet downloaded CE course completion certificates, and/or not obtained a Telehealth.org Certificate credentialing you as a Board Certified Telehealth Professional. You will be charged a $25 refund fee.
For up-to-date fee information, please contact us through our Contact Center.
Telehealth.org Digital Commitment
Telehealth.org is honored to attempt to provide a safe environment for the healthcare community to come together to connect, engage, and learn about telehealth and other forms of technology to be used with healthcare populations. By registering to train through Telehealth.org Learners agree to the following Telehealth.org Digital Commitment: I pledge to conduct myself with integrity, courtesy, and respect for others. I will support a harassment-free event experience for everyone by maintaining the highest level of professionalism at all programs and events. I support and will foster a welcoming, safe experience for all Learners and Telehealth.org staff.
Thank You for Your Commitment
Telehealth.org has created an international forum where professionals and paraprofessionals come to participate in digital telehealth training, consultation and staffing. Telehealth.org seeks to provide a harassment-free learning experience for everyone, regardless of age, culture, disability, ethnicity, race, religion/spirituality, gender, gender identity, sexual orientation, size, marital/partnership status, language preference, socioeconomic status, immigration status, or any basis proscribed by law. Telehealth.org does not tolerate harassment of Learners, Faculty, volunteers, affiliates, partners, vendors, exhibitors, or staff, or others at any digital activity in any form. Participants violating these expectations may be asked to leave Telehealth.org at the sole discretion of Telehealth.org.