TERMS & CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) FULLY AND CAREFULLY BEFORE USING ANY OF THE SERVICES DESCRIBED HEREIN. BY UTILIZING THE WEBSITE LOCATED AT www.realtimeclinic.com OR app.realtimeclinic.com (“WEBSITE”), YOU ACKNOWLED REALTIME CLINIC THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND THAT YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THIS WEBSITE.
REALTIME CLINIC CANNOT AND WILL NOT GUARANTEE THAT ANY ONE OR ALL OF YOUR HEALTHCARE PROVIDERS WILL TRANSMIT ALL OR ANY PORTION OF YOUR MEDICAL RECORDS OR OTHER HEALTH INFORMATION. YOU SHOULD NOT RELY EXCLUSIVELY ON THIS CONTENT TO ACCURATELY AND COMPLETELY DESCRIBE YOUR PAST, PRESENT, OR FUTURE PHYSICAL OR MENTAL HEALTH OR CONDITION OR THE PROVISION OF HEALTH CARE TO YOU.

DEFINITIONS

Probation means a 0-day period during which some or all Program Benefits may not be available; refer to Sections and herein User Benefits mean the benefits described here, which may be modified from time to time, at RealTime Clinic’s sole discretion
User Qualifications mean the qualifications for membership described here, which may be modified from time to time, at RealTime Clinic’s sole discretion
User shall mean an individual whose health or health-related information is stored in a Subscriber’s Account and who accesses or uses the Site
Account shall mean the data content including health and health-related information of a Subscriber and/or his or her family members that may be accessed, stored, used, and updated only by the Subscriber and/or his or her designees
Activation Date shall mean the date on which the Client is delivered an account number, login name, and password from RealTime Clinic to use the Hosted Programs

AGREEMENT

When you visit RealTime Clinic or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
In the case of a Monthly Subscription, the Subscriber shall be entitled to access and use the RealTime Clinic Site for an Initial Term of one (1) month from the date of registration provided the Subscriber and any Users of the Subscriber’s Account remain in compliance with the terms and conditions of this Agreement.
We hope you enjoy using the RealTime Clinic Internet site. Because of the unique and exciting nature of the Internet and our desire to provide you with a great experience, we need to point out to you some legal rules of the road as they apply to your visit here and use of our site. Please read these Terms of Use carefully before using this site. By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein. If you do not agree to these Terms of Use please do not use this site.
Applicable Requirements shall mean this Agreement, and all applicable laws and regulations governing this Agreement, including but not limited to HIPAA, HITECH, other federal and state laws and regulations governing the privacy and security of PHI (as defined below) and the Anti-Kickback Statute, the Federal Physician Self-Referral Laws and other federal and state laws and regulations governing this Agreement and other financial relationships involving RealTime Clinic and the Client and its individual practitioners, all as amended from time to time.
You represent and warrant that you are at least 18 years of age and that you possess the legal right to enter into this Agreement and to use the RealTime Clinic Site in accordance with this Agreement.
RealTime Clinic is an Internet-based online information and communication software service. By accessing or using RealTime Clinic, you agree to be bound by the terms and conditions of this agreement.

IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE REALTIME CLINIC. REALTIME CLINIC MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATION SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED AGREEMENT OR NOTIFYING YOU. YOU AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO ENSURE THAT YOU ARE AWARE OF ANY MODIFICATIONS. YOUR CONTINUED ACCESS OR USE OF RealTime Clinic SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

In General As a User of this Site you are expected to respect the security, integrity and privacy of the Site and its content, to use the Site solely for professional purposes, and to respect the privacy of the other Site users. You shall not use this Site in any way which disrupts or interferes with the security of the Site, system resources, servers, networks, data, accounts, software or which may disrupt or interfere with another User’s system, server, network, data or account, including but not limited to uploading, posting or otherwise transmitting any viruses, Trojan horses, worms, time bombs, or any other malicious computer code or files that are designed to disrupt, damage, or limit the functioning of any software or hardware, or transmitting any junk email, chain email, or other type of unsolicited mass email You shall not use or attempt to use another person’s password, create or use a false identity or otherwise impersonate another person and, if you have an authorized password, you shall maintain its security. You shall not attempt to access any secure or restricted areas of this Site.
You have a right to a paper copy of this Notice of Privacy Practices at any time upon request.

REALTIME CLINIC PROVIDERS

All Treatment Providers available through the Services represent that they have degrees in the areas of medical practice, psychology, psychiatry, marriage and family therapy, clinical social work, or counseling. RealTime Clinic attempts to confirm the credentials of all Treatment Providers and to validate that they are in good standing with their respective licensure boards, However, RealTime Clinic is not responsible for credentialing Treatment Providers, makes no representation regarding the accuracy of Treatment Providers’ credentials, and expressly disclaims any liability for fraudulent credentials or claims by Treatment Providers. In addition, changes in your Treatment Provider’s professional status could occur between the time we perform an initial credential check and the time you select your Treatment Provider. We recommend that you separately confirm that your Treatment Provider is in good standing with his or her respective licensing boards.

REALTIME CLINIC VERIFIES THE PRACTICE/CLINIC/HOSPITAL/EMPLOYER, AND THEY HAVE TO INDEPENDENTLY ADD THE SCHEDULER, NURSE PRACTITIONER, PRACTITIONER, AND ADMINISTRATOR. REALTIME CLINIC PROVIDES A YEARLY AUDIT TO THE PRACTICE/CLINIC/HOSPITAL/EMPLOYER TO VERIFY THAT THE INDIVIDUAL IS STILL A MEMBER OF THE GROUP. IF AN INDIVIDUAL LEAVES THE GROUP, IT IS THE THE PRACTICE/CLINIC/HOSPITAL/EMPLOYER THAT IS RESPONSIBLE TO MAKE REALTIME CLINIC AWARE OF ANY AND ALL CHANGES.

Service Providers. We may employ third-party companies and individuals to process your payments, facilitate our Services, to provide the Services on our behalf, to perform Services-related services (including, without limitation, maintenance services, database management, web analytics and improvement of the Services’ features), or to assist us in analyzing how our Services are used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
When you confirm a booking your personal information will be transferred to the relevant medical or health professional. Each of our health partners has to comply with the law with regard to their use of your personal information. However, we are not responsible for the privacy practices of our health partners.

LIMITED LIABILITY

NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS, ANY DAMAGES TO EQUIPMENT, USE OR BUSINESS OR FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

RealTime Clinic shall not be liable to any RealTime Clinic Registered Privileged User if a RealTime Clinic employee or any other party acting on behalf of RealTime Clinic or acting on behalf of a Registered Privileged User accesses or updates the personal and/or business profile information of the Registered Privileged Users.
RealTime Clinic or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names Please do not send any original creative artwork, suggestions or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when RealTime Clinic products or marketing strategies might seem similar to ideas submitted to RealTime Clinic. Please do not send your unsolicited ideas to RealTime Clinic or anyone at RealTime Clinic If, despite our request that you not send us your ideas, you still send them, then regardless of what your letter says, the following terms shall apply to your idea submission.

You agree that: (1) your ideas will automatically become the property of RealTime Clinic, without compensation to you and (2) RealTime Clinic can use the ideas for any purpose and in any way, even give them to others.

ANY IDEA YOU SUBMIT IS NOT CONFIDENTIAL OR PERSONAL HEALTH INFORMATION AND WILL NOT BE TREATED AS SUCH. REALTIME CLINIC AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOST PROFITS OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THIS WEBSITE, EVEN IF REALTIME CLINIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, FROM THE USE OR ATTEMPTED USE OF THIS WEBSITE OR ANOTHER LINKED WEBSITE.

SAFETY

RealTime Clinic secures the personally identifiable information you provide on computer servers in a controlled secure environment that is protected from unauthorized access and use or disclosure. When personal information such as a credit card number is transmitted to other Web sites, it is protected through the use of encryption, such as the Secure Socket Layer SSL protocol. Recognizing the global nature of the Internet, you agree to comply with all applicable laws regarding personal data and the transmission of technical data exported from the United States or the country in which you reside. You agree to indemnify and hold the RealTime Clinic owners and their subsidiaries, affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorney’s fees made by any third party due to or arising out of content you submit, post, transmit, or make available, directly or indirectly through or in connection with your use of RealTime Clinic, your violation of the Terms and Conditions or Rules of Conduct, or your violation of the rights of others.

RealTime Clinic subscribers may provide links to other World Wide Web sites or resources because RealTime Clinic has no control over such sites and resources, you acknowledge and agree that neither RealTime Clinic nor the operators or others affiliated with RealTime Clinic are responsible for the availability of such external sites or resources, endorse such sites or resources, or are responsible or liable for any advertising, products, services or other materials, content or information on or available from such sites or resources You further acknowledge and agree that neither RealTime Clinic nor any of the foregoing shall 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 content, goods, or services available on or through any such site or resource.
The Program has stringent security measures in place to protect both personal and professional information from misuse. There are no guarantees, however, that this site is impervious to “hackers” or those who seek to use information for illegal purposes. RealTime Clinic will not be held responsible for the illegal activities of others related to the information found on this Website.

PUBLIC SAFETY

It may be necessary to disclose your health information to appropriate persons in order to prevent or lessen a serious and imminent threat to the health or safety of a particular person or to the general public. The content provided through this Site is offered in an effort to meet the needs of the Site users, users can be anyone with an interest in healthcare technology. RealTime Clinic makes every effort to ensure the accuracy of the content; however, before relying on any information accessed on the Site you should conduct an independent evaluation of the accuracy, appropriateness, completeness, and usefulness for your particular needs RealTime Clinic specifications are subject to change and RealTime Clinic reserves the rights to make changes, without notice, to the Site content RealTime Clinic makes no warranty or guaranty regarding any third-party content or links to other websites. It may be necessary to disclose your health information to appropriate persons in order to prevent or lessen a serious and imminent threat to the health or safety of a particular person or to the general public. You have the right to inspect and copy your health information. You have a right to a paper copy of this Notice of Privacy Practices at any time upon request.

GUARANTEE

There is a 0-Day Money-Back guarantee on all practitioner, psychological, and counseling services. If you are not completely satisfied, please contact your healthcare provider for their terms and conditions relating to a refund for services. RealTime Clinic is not responsible or liable for refunds due to unsatisfactory practitioner sessions

USE

When you use the Services, RealTime Clinic will collect certain personally identifiable information from you as set forth in more detail in our Privacy Policy, which is hereby incorporated by reference. When you use the Services, RealTime Clinic has access to, and in many cases will monitor, your usage of the Services as you send and receive Content. By using the Services, you agree that RealTime Clinic may collect, use, and disclose information you provide during your use of the Services, as set forth in our Privacy Policy. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Account, which you may not be able to opt out from receiving.
If Subscriber is a Covered Entity subject to the Health Insurance Portability and Accountability Act, as amended, including the federal privacy regulations the “Privacy Rule” and the security regulations the “Security Rule” promulgated pursuant to HIPAA and codified at CFR parts 0 and collectively, “HIPAA”, then the parties agree as follows: Unless otherwise defined in this Agreement, capitalized terms shall have the meanings set forth in HIPAA. Disclosure or Use of Protected Health Information “PHI”; RealTime Clinic shall use and/or disclose PHI received from Subscriber or its authorized submitters only as permitted or required by Law. RealTime Clinic shall be entitled to disclose and use PHI received from Subscriber or its authorized submitters for the purpose of providing the Services or as otherwise directed or requested by Subscriber, for the proper management and administration of RealTime Clinic’s business, to carry out RealTime Clinic’s legal responsibilities, or as otherwise permitted or Required By Law. Without limiting the generality of the foregoing, RealTime Clinic reserves the right at its sole discretion to disclose an Individual’s PHI in response to, and in accordance with, a valid authorization executed by the Individual that meets the requirements set forth in the Privacy Rule. Subscriber authorizes RealTime Clinic to aggregate and/or de-identify PHI created or received by RealTime Clinic on behalf of Subscriber, provided that the aggregation and/or de-identification conforms to the requirements of the Privacy Rule. The resulting information may be used and disclosed by RealTime Clinic to the extent permitted under applicable law, for consideration or otherwise.
The member warrants that they will not misuse the website or services by scheduling an appointment with a Practitioner which the member has no intention of keeping.

AGENTS AND SUBCONTRACTORS

RealTime Clinic shall enter into an agreement with any of its subcontractors or agents that will have access to any PHI that is subject to a Business Associate Amendment, pursuant to which the agent or subcontractor agrees to be bound by the same restrictions, terms, and conditions on the use of PHI that apply to RealTime Clinic pursuant to the Business Associate Amendment. In addition, RealTime Clinic shall enter into an agreement with any of its subcontractors or agents to whom it provides Electronic PHI, pursuant to which the agent or subcontractor agrees to implement reasonable and appropriate safeguards to protect the Electronic PHI.

AVAILABLE REFERENCES

RealTime Clinic hereby agrees to make its internal practices, books, and records relating to the use and disclosure of PHI received from, or created or received by RealTime Clinic on behalf of, the Subscriber reasonably available to the Secretary of the United States Department of Health and Human Services for purposes of determining Subscriber’s compliance with the Privacy Rule and/or the Security Rule.

SERVICES

RealTime Clinic’s services depend upon different factors such as: software, hardware and communications networks of RealTime Clinic, its contractors and suppliers. Hence, RealTime Clinic cannot guarantee that RealTime Clinic will not be interrupted, or that it will be timely, secure or error-free.

RealTime Clinic is required, by law, to maintain the privacy and confidentiality of your protected health information and to provide patients with notice of our legal duties and privacy practices with respect to your protected health information. The member warrants that they will not misuse the website or services by scheduling an appointment with a Practitioner which the member has no intention of keeping.

We may employ third-party companies and individuals to process your payments, facilitate our Services, to provide the Services on our behalf, to perform Services-related services (including, without limitation, maintenance services, database management, web analytics and improvement of the Services’ features), or to assist us in analyzing how our Services are used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

The member warrants that they will not misuse the website or services by scheduling an appointment with a Practitioner which the member has no intention of keeping.

EMERGENCIES

We may disclose your health information to notify or assist in notifying a family member, or another person responsible for your care about your medical condition or in the event of an emergency or of your death.

LAW ENFORCEMENT

We may disclose your health information to a law enforcement official for purposes such as identifying or locating a suspect, fugitive, material witness or missing person, complying with a court order or subpoena, and other law enforcement purposes.

DECEASED PERSONS

We may disclose your health information to coroners or medical examiners.

SECURITY

The Program has stringent security measures in place to protect both personal and professional information from misuse. There are no guarantees, however, that this site is impervious to “hackers” or those who seek to use information for illegal purposes. RealTime Clinic will not be held responsible for the illegal activities of others related to the information found on this Website.

ADVERTISE

Any suspension, termination, or cancellation will not affect your obligations to RealTime Clinic under these Terms which by their nature are intended to survive such suspension, termination, or cancellation For example, but not by way of limitation, upon any such suspension, termination, or cancellation the provisions of Section, Ownership of Intellectual Property Rights, Section Third Party Websites; Interest-Based and Other Advertisements, Section Disclaimer of Warranties, Section Indemnification, Section Limitation of Liability, Section General Terms, Section Arbitration and Section Governing Law and Forum for Disputes shall survive and remain in full force and effect, but the provisions of Section Your License to Use the Services shall be suspended, terminated or cancelled, as the case may be.

JUDICIAL AND ADMINISTRATIVE PROCEEDINGS

We may disclose your health information in the course of any administrative or judicial proceeding.
OUR HEALTH PARTNERS AND LINKS TO OTHER THIRD PARTIES
When you confirm a booking your personal information will be transferred to the relevant medical or health professional. Each of our health partners has to comply with the law with regard to their use of your personal information. However, we are not responsible for the privacy practices of our health partners.

USE OF THE SERVICES BY CHILDREN

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. RealTime Clinic does not control or endorse the content, messages or information found in any Communication Service and, therefore, RealTime Clinic specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized RealTime Clinic spokespersons, and their views do not necessarily reflect those of RealTime Clinic.
As a user of the Service, You agree to carefully read and abide by the Agreement, including any user rules of conduct as specified below. You must be over 18 to access and use Our Site and Services. If You are over 18, You agree to take full and active responsibility to prevent the use of Our Site and Services by any children under 18 You may be responsible for as a parent or legal guardian. If You are under 18, You may not access and use the Site and Services without Your parent’s or legal guardian’s supervision.
Notice To/Regarding Children Under the Age of 13: We do not knowingly collect any personal information from children under 13. If we discover that a child under the age of 13 has provided us with personally identifying information, we will take steps to delete the information as soon as possible. You agree to be financially responsible for the use of the RealTime Clinic Site and for use of your Account by others, including minors for whom you have responsibility and/or who are living with you and for other immediate family members living with you. The kinds of personal information collected from children (for example, name, address, email address, hobbies, etc.) and how the information is collected — directly from the child or passively, say, through cookies. The parent has the option to agree to the collection and use of the child’s information without consenting to the disclosure of the information to third parties. That the parent can review the child’s personal information, ask to have it deleted and refuse to allow any further collection or use of the child’s information. The notice also must state the procedures for the parent to follow.
Please see full information in our privacy policy for COPPA T&C

COPYRIGHT

We welcome Your comments on Our Web site and services; please contact us. In doing so You acknowledge, however, that if You send Us comments, praise, creative suggestions, ideas, notes, drawings, concepts, inventions or other information (collectively, but excluding personally-identifying information about You, the “Information”), through either our Web site, you grant to Us a non-exclusive, perpetual, royalty-free, freely transferable license to use, practice, exploit, modify and sub-license such Information for any purpose whatsoever, commercial or otherwise, throughout the universe. By submitting any Information to us, You acknowledge that you, not RealTime Clinic, have full responsibility for such Information, including its accuracy, legality, reliability, appropriateness, originality, and copyright. Please note that any communication or other materials that You post to Our Web Site or transmit to Us over the Internet is considered to be, and will be treated as, non-confidential, unless the Web page through which information is submitted expressly states otherwise. For more information about confidentiality and privacy issues, please read Our privacy statement and Our Privacy Policy.
You must not upload, post, email or otherwise transmit any Content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity); you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provide by you; you will not collect or harvest any information about other users; you will not provide, and you will not use this web site to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use this web site to promote or operate any service or content without the site editor’s prior written consent; you will not provide any content that may give rise to the site editor being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including – but not limited to – laws relating to copyrights, trademarks, patents, or trade secrets.
Under the Services, health advice and services are provided exclusively by Treatment Providers. RealTime Clinic supports Treatment Providers by providing them with a license to our RealTime Clinic intellectual property rights, including our patent pending inventions, trade secrets, copyrights, trademarks, service marks, trade dress and proprietary and confidential information, access to RealTime Clinic’s technology platform, and administrative services. However, under the Services, exclusive control and responsibility for the practice of medicine and delivery of mental health services is reserved to Treatment Providers.
You agree to indemnify, defend, protect, release, and hold RealTime Clinic, its officers, directors, employees, agents, and its affiliates, Information Providers, and Suppliers and their respective officers, directors, agents, and employees harmless from and against any and all losses, expenses, damages to persons or property, injuries or deaths of persons, liability, claims, liens, demands, and causes of action, including claims of infringement of copyright, trademark, or other intellectual property rights, and including the amounts of judgments, penalties, interest, court costs, and legal fees including reasonable attorney’s fees incurred by RealTime Clinic, its affiliates or their respective officers, agents, and employees in defense of same (“Claims”) arising in favor of any person, corporation, or other entity, including the parties hereto and their employees, contractors, and agents in connection with, arising out of, or in any way incident to this Agreement or any activity related to Your Account or Your use of the RealTime Clinic Site. You understand and agree that such indemnity shall apply regardless of whether the Claims arise in whole or in part from the actual or alleged sole, comparative, concurrent, active, passive, contributory or gross negligence of RealTime Clinic, its affiliates and their respective officers, directors, agents, and employees or by you or any other person accessing and/or using the Site and/or your Account.
RealTime Clinic hereby grants to the Subscriber the right to access, view, and use the Site, subject to the terms and conditions of this Agreement. RealTime Clinic reserves the right to add new features to the Site and remove current features from the Site without notice. The Subscriber and/or a User may download and/or print a copy of the information stored in their respective Accounts from the Site for personal use only and, when appropriate, in a manner consistent with (Copyright) herein.
The Termination of this Agreement shall not affect any provision of this Agreement which, by its wording or its nature, is intended to remain effective and to continue to operate in the event of termination of this Agreement, and shall not prejudice or affect the rights of any party against another in respect of any breach of the terms and conditions of this Agreement. Notwithstanding the foregoing, the provisions of (Copyright), (Indemnification), (Waiver, Release and Limitation of Liability), and (Miscellaneous) shall survive Termination of this Agreement.
Either you or RealTime Clinic may terminate your right to use the RealTime Clinic Web Site at any time, with or without cause, upon notice. In addition, RealTime Clinic may withdraw, suspend or discontinue any functionality or feature of the RealTime Clinic Web Site; provided, however, that if your agreement with RealTime Clinic provides for the continued use of any functionality or feature, RealTime Clinic will continue to provide that respective functionality or feature to you subject to the provisions of such agreement. The provisions concerning Copyrights, Indemnification, Waiver, Release and Limitation of Liability, and General shall survive any termination of this Agreement.

LICENSE AGREEMENT

For any Software not accompanied by a License Agreement, RealTime Clinic hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the RealTime Clinic Web Site in accordance with this Agreement, and for no other purpose provided that you keep intact all copyright and other proprietary notices. No other license is granted. You shall not modify, alter, decompile, reverse engineer or otherwise change Software, except to the extent as permitted by applicable law without the possibility of contractual waiver. All Software is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the U.S. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to U.S. export restrictions.

LIMITATIONS

You agree not to access or use the RealTime Clinic in an unlawful way or for any unlawful purpose. You agree not to post or transmit: a message under a false name; or any information which is libelous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person, or contains any virus, worm, Trojan horse or other code which is contaminating or destructive to the files or programs of RealTime Clinic or any of its affiliates. RealTime Clinic reserves the right to delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, and obscene or in violation of a copyright, trademark or other intellectual property or ownership right of any other person.

DISCLAIMER

RealTime Clinic makes no representations whatsoever about any other web site which you may access through the RealTime Clinic Web Sites. When you access a non-RealTime Clinic Web Site, even one that may contain the RealTime Clinic-logo or other RealTime Clinic trademark, service mark or trade name, please understand that it is independent from RealTime Clinic, and that RealTime Clinic has no control over the content on that web site. Additionally, the RealTime Clinic Web Sites may contain links to other web sites (“Linked Sites”). The Linked Sites may not be under the control of RealTime Clinic and RealTime Clinic is not responsible for the contents of any Linked Site not under RealTime Clinic control, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. RealTime Clinic is not responsible for any form of transmission received from any Linked Site. RealTime Clinic makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such Linked Sites and shall have no liability for any damages or injuries of any kind arising from such content or information. RealTime Clinic is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by RealTime Clinic of the site or any association with its operators. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL REALTIME CLINIC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER FOR ANY USE OF THE LINKED SITES INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
ABUSE AND MISUSE
Any abuse or threatened abuse of other users of the Service or of Company personnel will result in immediate account termination. Flaming and insults are prohibited. Do not post User Generated Content, or a link to a website, that, in RealTime Clinic’s sole discretion, is illegal, offensive, libelous, defamatory, infringing, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, invasive of privacy, publicity, intellectual property, proprietary or contractual rights, offensive in a sexual, racial, cultural, or ethnic context, will harm or threaten the safety of others, or is otherwise objectionable. Do not post photos or videos of another person without that person’s consent. Do not “stalk”, intimidate, abuse, harm or harass another Portal user or person.
It is the responsibility of each Subscriber to take all reasonable steps to ensure that no unauthorized person shall have access to the Subscribers User ID and Password. It is each Subscribers sole responsibility to control the dissemination and use of the Subscribers User ID and Password, authorize, monitor and control access to and use of the Subscribers Account, and promptly inform RealTime Clinic of any need to deactivate or change the Subscribers User ID and/or Password. RealTime Clinic cannot and will not assume any responsibility or liability for any information submitted to a Subscribers Account or any information that is used or misused whether submitted, used, or misused by the Subscriber; Users on the Subscribers Account; the Subscribers designee; healthcare providers; other healthcare organizations; or other third parties, whether or not acting on the Subscribers behalf.
The information we receive from or about you is stored on systems designed to prevent the loss, misuse, unauthorized access, disclosure, alteration or destruction of that information. We also encrypt your transmission of sensitive information to us (e.g., account passwords) in the interest of heightened privacy protection and information integrity. We are able to assist you better through the information you provide to us when using our services.
You agree to defend, indemnify, and hold harmless RealTime Clinic and its affiliates, parents, subsidiaries, and their respective employees, agents, contractors, officers, directors, successors and assigns from all liabilities, claims, damages and expenses, including without limitation attorneys’ fees and costs, that arise from your use, misuse of this site or use of any software application associated with the use of this Web site.
Prior to gaining access to certain Services on the Site, RealTime Clinic may require you to set up a user name and password (“Password(s)”) as set forth in the account registration procedures posted on the Site. You agree to comply with the procedures specified by RealTime Clinic from time to time regarding obtaining and updating Passwords for the Site and Services. You agree to assume sole responsibility for the security of Passwords issued to you. Passwords are subject to cancellation or suspension by RealTime Clinic at any time, including upon the misuse of the account or breach of these Terms. You agree to ensure that you will use your best efforts to prevent any third party from obtaining your Password, and you shall inform RealTime Clinic immediately in writing of any actual or potential unauthorized access to a Password or to the Site and/or Services.
RealTime Clinic shall have the right immediately to terminate this agreement with you and your use of the Web site if it determines in its sole discretion that you have breached any of these Legal Terms and Conditions or otherwise been engaged in conduct which RealTime Clinic determines in its sole discretion to be unacceptable.
You agree to promptly pay all fees to REALTIME CLINIC for Services, and you authorize us to automatically deduct all applicable to REALTIME CLINIC and fees from the payment account(s) you designate in your RealTime Clinic user profile. Any “linked” payment processing accounts with third parties (such as PayPal or Authorize.net) will appear in your user profile on the Site, and you will be able to view at least certain summary information for all such linked payment accounts. You agree to be responsible for any telephone charges to REALTIME CLINIC and/or Internet service fees you incur in accessing your account(s) through the Services.
You agree that no joint venture, partnership, employment, or a REALTIME CLINIC relationship exists between you and REALTIME CLINIC as a result of this Agreement or use of the REALTIME CLINIC Web Site. RealTime Clinic’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of RealTime Clinic’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the REALTIME CLINIC Web Site or information provided to or gathered by RealTime Clinic with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and RealTime Clinic with respect to the REALTIME CLINIC Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and RealTime Clinic with respect to the REALTIME CLINIC Web Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally REALTIME CLINIC generated and maintained in printed form.
You also understand that We may not necessarily prescreen or monitor Site Content, but reserve the right, in Our sole discretion, to refuse or remove any such content available via the Service for any reason at any time and with no explanation. We reserve the right to modify, reject or eliminate any information residing on or transmitted to Our Site that We, in Our sole discretion, believe is unacceptable or in violation of the Agreement.
The parties to this Agreement agree that any claim, controversy, or dispute arising out of any viewing or use of RealTime Clinic shall first be subject to mediation between the parties; in addition, such mediation will be conducted in accordance within the rules and procedures of the American Arbitration Association, the American Health Lawyers Association Alternative Dispute Resolution Service, or such other third party dispute resolution mechanism as the parties hereto agree. In the event the dispute is not resolved by mediation, the parties agree that any such unresolved dispute shall be subject to binding arbitration under the rules and procedures of the American Arbitration Association, the American Health Lawyers Association Alternative Dispute Resolution Service, or such other third party dispute resolution mechanism as the parties hereto agree, and that they are waiving their right to a jury or court trial. However, the arbitrator(s) of such dispute may not be individuals who previously served as the mediator of the dispute. The costs of mediation shall be split equally by the parties. The costs of arbitration shall be subject to an order of the panel of arbitrators. The prevailing party shall be entitled to an order awarding it all reasonable costs and attorneys’ fees incurred by reason of the dispute, including the costs of any expert witnesses or consultants.
You further agree that your registration for any forums, discussion groups, and services in RealTime Clinic is true and correct, and that if any information in your registration changes in RealTime Clinic, you will correct your registration immediately, you will not allow another person to have access to any forums, discussion groups, and services in RealTime Clinic under your registration, you will not impersonate any other person or entity in any forums, discussion groups, and services in RealTime Clinic, you will not post any communications or materials that you know or reasonably should know is false, you will not mislead others about your identity, education, credentials, knowledge RealTime Clinic or experience, and that you will not collect any information whatsoever about other users of RealTime Clinic. You further understand and agree to comply with the responsibilities and obligations as set forth in this Agreement, and you understand and agree that failing to comply with any of the foregoing limitations or obligations may result in civil or criminal liability.
Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by RealTime Clinic. RealTime Clinic cannot and does not screen content provided by you to RealTime Clinic. Notwithstanding the foregoing, RealTime Clinic reserves the right to monitor content on RealTime Clinic and to remove content, which RealTime Clinic, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of this Agreement or RealTime Clinic’s operating policies for users of RealTime Clinic (“Users”).
Words used in this agreement in the present tense include the future as well as the present; words used in the masculine include the feminine and neuter; the singular number includes the plural and the plural the singular; the word “person” includes a corporation as well as a natural person; signature or subscription includes mark.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (“content”), made available publicly or privately, will be under the sole responsibility of the person providing the said content, or of the person whose user account is used.
You agree that this web site may expose you to content that may be objectionable or offensive. The site editor will not be responsible to you in any way for content displayed on this web site, nor for any error or omission.
You agree that the information that you provide to us at all times, including during registration and in any information you upload to your RealTime Clinic online profile maintained by or through the Services will be true, accurate, current, and complete. This information includes, but is not limited to, name, address, phone numbers, e-mail addresses, payment information, and account numbers. Changes can be made in the “client area” of the Site. Each time you log in to our Services, we will remind you to update your information, but you are solely responsible for the accuracy and completeness of your information. By using the Services, you are consenting to truthfully completing questions to the best of your knowledge and ability. By creating an Account, you expressly consent to the use of: (a) electronic means to complete these Terms and to provide you with any notices given pursuant to these Terms; and (b) electronic records to store information related to these Terms or your use of the Services. RealTime Clinic cannot and will not be liable for any loss or damages arising from your failure to comply with the above requirements.
Note to Customers & Other Contract Partners: Your obligations under this provision specifically include Your agreement not to permit any person or entity who is not a customer or an employee of a customer of REALTIME CLINIC to have access to any section of the REALTIME CLINIC Site that We reserve for our customers using Your password, user name, or other access credentials, except as Your agreements(s) with REALTIME CLINIC may expressly permit; The English language is REALTIME CLINIC’S version of these Terms and Conditions shall prevail over any translations of them. RealTime Clinic’s standard terms and conditions of sale shall govern any purchase of, or redemption of credits for usage by You and RealTime Clinic and shall prevail over any other agreements unless in writing and signed by an authorized representative of RealTime Clinic.
This Agreement will be automatically renewed for a Renewal Term of an additional one (1) month in the case of a Monthly Subscription at the end of the Initial Term and at the end of each automatic Renewal Term thereafter, unless this Agreement is terminated.

LIMITATIONS, LIABILITY, AND ACTIONS EXCEPT AS AND TO THE EXTENT THAT REALTIME CLINIC’S EXECUTED AGREEMENT(S) WITH YOU, IF ANY, MAY OTHERWISE EXPRESSLY PROVIDE, IN NO EVENT SHALL COMPANY OR ANY OF COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, OR REPRESENTATIVES BE LIABLE TO YOU OR TO ANY OF YOUR AFFILIATED PRACTICES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES , INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOST DATA OR LOST OPPORTUNITIES, IN ANY WAY RELATING TO THESE TERMS AND CONDITIONS OR RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE REALTIME CLINIC SITE OR ANY BREACH OF SECURITY, INCLUDING THE FAILURE OF ESSENTIAL PURPOSE, EVEN IF COMPANY HAS BEEN NOTIFIED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING, AND WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGECNCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHERWISE.
No action, regardless of form, relating to this Agreement, may be brought by either party more than one year after the cause of action has accrued, except that an action for non-payment may be brought by RealTime Clinic not later than one year following the date of the last payment due to RealTime Clinic. In the event of litigation concerning this Agreement, if a court of competent jurisdiction determines in a final, non-appealable order that a party has breached this Agreement, then such party shall be liable for and pay to the non-breaching party, the reasonable legal fees and court costs such non-breaching party has incurred in connection with such litigation, including any appeal there from or review thereof.

SECURE

If you are a RealTime Clinic Customer or have another contractual relationship with RealTime Clinic, you may have access to secure areas of the Site through a login and authorized password. You will be prompted to supply certain information prior to entering any secure area to authenticate your authorization to enter a secure area. Access to secure areas is governed by these Terms and Conditions and the terms and conditions of your license or services agreement and Business Associate’s Agreement with RealTime Clinic (“Agreement”). In the event of a conflict in terms, the terms of the Agreement shall govern. The Secure areas contain Confidential and Proprietary information of RealTime Clinic and you shall maintain the confidentiality of that information accessed through a secure area in accordance with the Confidentiality provision of the Agreement. You agree that any unauthorized access by you, or by another person using your password, may result in breach of the Agreement and possible violation of state and federal laws of the United States.

TERMS/TERMINATION

Client’s rights to use the Hosted Programs and Services shall remain in effect for the Initial Term set forth in the Subscription Agreement. Thereafter, unless otherwise provided in the Subscription Agreement, the term shall automatically renew for additional terms as set forth in the Subscription Agreement at then-current prices unless either party gives thirty (30) days advance written notice prior to the end of the then-current term of its intention to terminate the Agreement, or until otherwise terminated as provided herein. The termination of these Terms for any reason will not terminate the obligations or liabilities of the parties under these Terms regarding warranties, liabilities, proprietary rights and all others that by their sense and context are intended to survive the execution, delivery, performance, termination and expiration of the Agreement.
The terms and conditions contained within this document for REALTIME CLINIC apply. RealTime Clinic generally grants access to and use of this Web site and our products and services. Some of these terms and conditions may be modified or superseded by expressly designated legal notices located on REALTIME CLINIC’s Web site or by the terms and conditions of the licenses or other agreements pursuant to which you obtain our services.
Notwithstanding the notice required by RealTime Clinic, RealTime Clinic reserves the right to terminate this Agreement immediately in the event of Client’s failure to pay amounts owing under this Agreement in accordance with the following protocols: Upon Client’s failure to make timely payment, RealTime Clinic may notify the Client that RealTime Clinic is triggering its rights. If the Client does not pay in full all past due amounts within ten (10) days, RealTime Clinic shall have the right to limit Client’s access to the Hosted Programs and the other Services, determined in the sole discretion of RealTime Clinic, and in such event, RealTime Clinic may deactivate all other accounts of any User. Failure to exercise such right or any delay in the exercise of such right shall not affect RealTime Clinic’s other rights or otherwise available to RealTime Clinic. If payment is not received within twenty (20) days thereafter, RealTime Clinic reserves the right to terminate this Agreement without further advance notice to Client. In any event, RealTime Clinic shall have the right to withhold any and all Client Data, including billing or claim data, until all past amounts are paid in full.
We may immediately, at any time and in Our sole discretion, (1) terminate or limit Your use of or access to the Service, or any part thereof, or (2) remove and discard any Site Content within the Service, for any reason, including without limitation, Your lack of use, Your breach of any terms and conditions hereunder, or if We believe You have violated or acted inconsistently with the letter or spirit of the Agreement. We may change REALTIME CLINIC, suspend or discontinue any aspect of the Site or Service, or any part thereof, or impose any limits on any feature or service, including the availability of any Site feature, database, or Site Content for any reason, at any time, and without notice. You agree that We will not be liable in any way to You or to any third party for any actions We take as described herein or otherwise.

ACCESS

Access to and use of password protected and/or secure areas of the Web Site are restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Web Site, or individuals/users attempting to access areas of the Web Site that they do not have rights of access to, may be subject to prosecution. You agree that you will not use the Web Site in furtherance of or with intent to commit any fraudulent or other illegal activities, or otherwise in violation of any applicable law, regulation, legal agreement or RealTime Clinic’s published policies; or in a manner that is abusive of RealTime Clinic’s programs or other information on the Web Site.

AMENDMENTS

RealTime Clinic reserves the right to amend this Agreement from time to time without notice. Such Amendment shall be effective immediately upon either posting the Amendment or this Agreement as amended. A Subscriber’s or User’s continued access to or use of the RealTime Clinic Site shall be deemed the Subscriber’s conclusive acceptance of any and all Amendments and the most current amended Agreement.

HIPAA

RealTime Clinic and you and your company hereby acknowledge and agree that businesses, medical providers and practices such as yours have obligations and liabilities under U.S. federal and state statutes, regulations and common laws that will be directly impacted by your choice of and acquisition of an Electronic Record and/or Medical Billing product, system or service. By way of example and not limitation, your fulfillment of your obligations under HIPAA will be directly affected by the Electronic Record product, system or service that you use and your obligations under Medicare will be directly affected by the Billing product, system or service that you use. RealTime Clinic, you and your company hereby acknowledge and agree that it is your responsibility and not RealTime Clinic’s responsibility to perform a due diligence investigation of any Electronic Medical System and/or Medical Billing product, and/or other system or service prior to acquisition to determine the efficacy and appropriateness of the same to you, your business, and/or medical practice. RealTime Clinic does not practice medicine, and shall not be responsible for the medical outcome of any of your patients, under any circumstances.
HIPAA shall mean Health Insurance Portability and Accountability Act of 1996 and those regulations promulgated thereunder, all of which may be amended from time to time.
Protected Health Information or “PHI” shall mean that Individually Identifiable Health Information, in addition to other personal information (e.g., Social Security Number, etc.) which may be specially protected under applicable state law(s), all of which is created or received by the Practice in its capacity as a Covered Entity, with all such capitalized terms defined by HIPAA.

WARRANTY

REALTIME CLINIC CANNOT AND WILL NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THIS SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES YOU UNDERSTAND AND AGREE THAT INFORMATION COMMUNICATED TO OR OTHERWISE ENTERED IN THE REALTIME CLINIC SITE WILL BE COMMUNICATED OVER LOCAL EXCHANGE, INTEREXCHANGE AND INTERNET BACKBONE CARRIER LINES AND THROUGH ROUTERS, SWITCHES AND OTHER DEVICES OWNED, MAINTAINED AND SERVICED BY THIRD PARTY LOCAL EXCHANGE AND LONG DISTANCE CARRIERS, UTILITIES, INTERNET SERVICE PROVIDERS AND OTHERS, ALL OF WHICH ARE BEYOND THE CONTROL OF REALTIME CLINIC. REALTIME CLINIC CANNOT AND WILL NOT ASSUME ANY LIABILITY FOR OR RELATED TO THE DELAY, FAILURE, INTERRUPTION, INTERCEPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION COMMUNICATED TO OR ENTERED IN THE REALTIME CLINIC SITE. REALTIME CLINIC DOES NOT MAKE ANY EXPRESSED OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS, INCLUDING ANY WARRANTIES OF TITLE OR NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, OR IMPLIED WARRANTIES OF MERCHANTABILITY FOR A PARTICULAR PURPOSE, WITH REGARD TO ANY INFORMATION PROVIDED BY OR THROUGH REALTIME CLINIC.COM, EXCEPT AS OTHERWISE SPECIFIED BY REALTIME CLINIC.COM. REALTIME CLINIC.COM DOES NOT WARRANT THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY OR THROUGH REALTIME CLINIC.COM.

DISCLAIMER

EXCEPT AS AND TO THE EXTENT THAT REALTIME CLINIC’S EXECUTED AGREEMENT(S) WITH YOU, IF ANY, MAY OTHERWISE EXPRESSLY PROVIDE, THE REALTIME CLINIC SITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE.” EXCEPT AS AND TO THE EXTENT THAT REALTIME CLINIC’S EXECUTED AGREEMENT(S) WITH YOU, IF ANY, MAY OTHERWISE EXPRESSLY PROVIDE, COMPANY DOES NOT WARRANT THAT THE REALTIME CLINIC SITE WILL PERFORM AS YOU EXPECT OR WITHOUT INTERRUPTION, THAT IT WILL MEET YOUR NEEDS, BE SECURE, THAT THE CONTENT POSTED ON TO THE SITE WILL BE CURRENT, ACCURATE, OR FREE FROM ERRORS, VIRUSES, OTHER MALICIOUS OR HARMFUL CODE, OR OTHER DEFECTS, THAT YOUR USE OF THE REALTIME CLINIC SITE WILL NOT RESULT IN THE LOSS OF, OR DAMAGE TO YOUR INFORMATION, THAT INFORMATION YOU POST TO THE REALTIME CLINIC SITE CAN OR WILL BE DISPLAYED ACCURATELY, COMPLETELY OR AT ALL, OR THAT THE REALTIME CLINIC SITE WILL NOT ALTER OR DAMAGE YOUR SYSTEM. EXCEPT AS AND TO THE EXTENT THAT REALTIME CLINIC’S EXECUTED AGREEMENT(S) WITH YOU, IF ANY, MAY OTHERWISE EXPRESSLY PROVIDE, COMPANY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES RELATED TO THE REALTIME CLINIC SITE, ANY FUNCTIONALITY, CONTENT OR OTHER INFORMATION MADE AVAILABLE TO YOU ON OR THROUGH THE REALTIME CLINIC SITE, AND INFORMATION THAT YOU CHOOSE TO POST TO THE REALTIME CLINIC SITE WEB SITE, OR ANY SYSTEM YOU MAY USE TO DO SO, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE REALTIME CLINIC AND AGREE THAT YOUR DECISION TO USE THE REALTIME CLINIC SITE WITH RESPECT TO ANY INFORMATION IS YOUR SOLE RESPONSIBILITY AND THAT ANY AND ALL USES OF THE REALTIME CLINIC SITE YOU MAY MAKE ARE, AND SHALL BE, AT YOUR SOLE RISK.
While RealTime Clinic takes reasonable care and skill to provide information which is accurate and up to date when first included on the Web site, typographical and other errors may nevertheless occur RealTime Clinic does not undertake to update or correct such information and reserves the right to modify, delete and rearrange any or all of the contents of this Web site at any time without notice to you. While RealTime Clinic makes reasonable efforts to prevent unauthorized tampering with the Web site, RealTime Clinic does not guarantee that its efforts will always be successful. Therefore, as set below, RealTime Clinic does not warranty that the Web site materials will be error-free, and disclaims any liability for such errors.
RealTime Clinic reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Platform for any or no reason, without notice, and without liability to you or anyone else. RealTime Clinic also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the Portal. You understand and agree that some of your User Generated Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Portal, or on other platforms (e.g., Facebook, Twitter, Google, etc), may continue to appear on the Portal or on other platforms even after your User Generated Content is removed or your account is terminated. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.

LEGAL DISCLAIMERS

REALTIME CLINIC CANNOT AND WILL NOT ASSUME ANY LIABILITY FOR ANY OF THE CONTENT ON THE SITE RELIANCE ON ANY INFORMATION PRESENTED ON THE SITE IS AT THE USER’S OWN RISK REALTIME CLINIC RESERVES THE RIGHT TO CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE SITE FROM TIME TO TIME WITHOUT NOTICE
TO THE FULL EXTENT PERMISSIBLE UNDER FEDERAL, STATE AND LOCAL LAW, REALTIME CLINIC, LLC DISCLAIMS ALL WARRANTIES REALTIME CLINIC, LLC IS NOT RESPONSBLE FOR ANY DIRECT OR INDIRECT DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY INJURY, LOSS, CLAIM, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, ARISING FROM THE USE OF THIS WEBSITE OR THE USE OF ANY ELECTRONIC MEDICAL RECORD AND/OR MEDICAL BILLING PRODUCT, AND/OR OTHER SYSTEMS OR SERVICE INTRODUCED BY THIS WEBSITE.
Any notice which is given under these Terms or a Contract will be given either by Electronic Communication (which, if the notice is given by us, includes by posting notices on our Website), or if by you, by pre-paid recorded delivery, addressed to us at the address in these Terms (see section 1 above) and, if by us, by first class post addressed to you at the address on your Order. Legal proceedings must be served by first class post or pre-paid recorded delivery only and, if to us, addressed to our Legal Team.
Any unauthorized downloading, re-transmission, or other copying or modification of Trade-marks or other contents of this Website may be a violation of statutory or common law rights which could subject the violator to legal action. If you supply any comments, information, or material via the Site, you represent and warrant to us that you have the legal right to supply such material and that it will not violate any law or the rights of any person or entity. Except for any individually identifiable health information you submit to us, all information or material you supply to us through the Site shall be deemed and shall remain our property, and you hereby assign to RealTime Clinic all right, title, and interest in and to any such information or material, without any restriction or obligation to you.
In order to access certain features of the Services you will be required to become a registered user of the Services by creating a RealTime Clinic account (“Account”). To create an Account, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use our Services. When you register, you will be asked to choose a user name and a password. You are responsible for safeguarding and maintaining the confidentiality of your password and you agree not to disclose your password to any third party. You will be solely responsible for any activities or actions taken under your Account, whether or not you have authorized such activities or actions. You must notify us immediately if you know or suspect that any unauthorized person is using your password or your Account (for example, your password has been lost or stolen, someone has attempted to use the Services under your user name without your consent or your Account has been accessed without your permission). We strongly recommend that you do not use the Services on public computers. We also recommend that you do not store your password through your web browser or other software.
The content on this web site is intended to be general information resource in regard to the subject matter covered. RealTime Clinic does not directly or indirectly practice medicine, render medical advice, or dispense medical services via the web site, and nothing contained in this web site is intended to be instruction for medical diagnosis or treatment. Any information provided should not be considered complete, nor should it be relied on to suggest a course of action for any particular individual or entity. Information received from this web site should not be relied upon for personal, medical, legal, technical, or financial decisions. It should not be used in place of a visit, call, consultation or the advice of a physician, accountant, banker, lawyer, medical coder or other qualified expert.
RealTime Clinic is continually evolving and innovating. We may change our Services, our Site, the Content we offer, and the products or services you may access at any time. We may discontinue offering our Services or Site and we may suspend or terminate your right to use our Services or Site at any time, in the event that you breach these Terms, for any reason, or for no reason at all, in our sole discretion, and without prior notice to you. After such termination, RealTime Clinic will have no further obligation to provide the Services, except to the extent we are obligated to provide you access to your health records or Treatment Providers are required to provide you with continuing care under their applicable legal, ethical and professional obligations to you.
RealTime Clinic reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in RealTime Clinic’s sole discretion.

ADVERTISING

RealTime Clinic is not responsible or liable for the availability or accuracy of, and RealTime Clinic does not endorse, sponsor, or recommend such websites, resources, or third-party advertisements or the content, products, or services on or available from such websites, resources, or third-party advertisements When we make available such third-party links, resources, and advertisements on the Site or through the Services, you must look solely to the third party with respect to the content, products, or services they provide We do not endorse and are not responsible for any of the content, products, or services provided or advertised by others.
YOUR USE OF THE WEBSITES OR RESOURCES OF THIRD PARTIES IS AT YOUR OWN RISK REALTIME CLINIC AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY OF YOUR LOSSES ARISING OUT OF OR RELATING TO THE WEBSITES OR RESOURCES OF THIRD PARTIES.

EMAIL/POSTING TERMS

Do not post or transmit any messages through RealTime Clinic or information that is harmful, threatening, abusive or hateful RealTime Clinic reserves the right to take such action as it deems appropriate in cases where the RealTime Clinic Site is used to disseminate statements that are deeply and widely offensive and/or harmful
Flaming and insults are prohibited Do not post content that is offensive, libelous, indecent, unlawful, harassing, defamatory, abusive, intimidating, threatening, harmful, obscene, vulgar, profane, pornographic, sexually explicit, or offensive in a sexual, racial, cultural, or ethnic context, this or otherwise objectionable material is not acceptable.
The forums are not to be used for any commercial purpose. Do not post any advertising or commercial content whatsoever Do not post any content that involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming” Please don’t re-submit your contribution to more than one discussion.
By posting, uploading, inputting, providing or submitting your Materials you warrant and represent that you own or otherwise control all of the rights to your Materials as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Materials
If you submit or share offensive or inappropriate content to or with any RealTime Clinic communities or anywhere else on a RealTime Clinic web site or otherwise engaging RealTime Clinic in any disruptive behavior, and RealTime Clinic considers such behavior to be serious and/or repeated, RealTime Clinic may use whatever information that is available to it about you to stop any further such infringement. This may include informing relevant third parties such as law enforcement, your employer, school, internet or email provider about the infringements.
If you use a message board, blog, journal or any other method of posting user-RealTime Clinic generated content on our Site or through the Service, you should be aware that such information can be read, collected or used by others and could be used to send you unsolicited messages We are not responsible for the personal information you choose to submit in these areas.
Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through RealTime Clinic public message boards, this information may be collected and used by others Note: RealTime Clinic does not read any of your private online communications.
All accounts must be registered with a valid personal email address that you access regularly so that RealTime Clinic can contact you. Accounts registered with someone else’s email address, or with temporary email addresses may be closed without notice We may require users to re-validate their account.

EMR PERSONAL HEALTH RECORD

RealTime Clinic has complete and sole discretion over the operation of the Site. RealTime Clinic may, among other things: delete images and/or personal health records in the event a Subscriber fails to maintain a current payment status subject to its Privacy Policy, make available to third parties information relating to RealTime Clinic as well as aggregate, de-identified information about Subscribers and Users.
The main purpose of the information is solely to provide you hereinafter the “User” with our services, RealTime Clinic does not publish, sell or trade your personal information, and none of this information will be provided to third parties, unless otherwise specified, RealTime Clinic uses the personal information provided by the User in order to provide the User with our Services. We may also use that information to notify the User about our new products, services, updates and other RealTime Clinic information we think the User may find interesting. We are very conscious of the User’s right to privacy regarding the information the User supplies to RealTime Clinic At RealTime Clinic.Com, our policy is to use the information to better service the User.
Your RealTime Clinic Electronic Health Record is created to store your personal health information online, including health conditions, allergies and medications. Any information provided as part of a teleconsultation becomes part of your RealTime Clinic Record. You agree to provide accurate information for your RealTime Clinic Record, to periodically review such information, and to update such information as needed. For additional information regarding use of your RealTime Clinic Record, please see our Privacy Policy It is your responsibility to confirm any third party information in your RealTime Clinic Health Record.