TERMS AND CONDITIONS OF USE
The Services We Will Provide to You
Through this website, Gem Specialty Health, Inc. (“we,” “our” or “us”) will provide you with a variety of services, including information regarding health-related resources. In the future, we may choose to offer other services that we determine are appropriate, suitable, and desirable. Please note that some services on the Online Services are available only to our members with a valid user ID and password. Although we will try to provide to you the most comprehensive services possible, we do not guarantee that any one or all of these will be available to you at any particular time. Please note, however, that all services we do provide to you through the Online Services are subject to all of the Terms and Conditions contained herein.
Gem Specialty Health, Inc. is not itself a health care provider. Our role is limited to making certain telehealth related information available to you and/or facilitate your access to telemedicine and certain expert medical services. We are independent from the healthcare providers who provide telemedicine services and we are not responsible for such healthcare providers' acts, omissions or for any content of the communications made by them. Gem Specialty Health, Inc. does not engage in the practice of medicine.
The Online Services do not provide medical advice and do not create a healthcare provider/patient relationship between you and Gem Specialty Health, Inc. Any services provided by or content accessed from the Websites are for informational purposes only and are not intended to replace the advice of your healthcare provider. Please consult your doctor or other qualified healthcare provider if you have any questions about a medical condition. Call 911 or Your doctor for all medical emergencies. GEM SPECIALTY HEALTH IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU MAY OBTAIN THROUGH THE WEBSITES
We grant you permission to access and use the Online Services as set forth in these Terms and Conditions, provided that you do not use or attempt to use us or our Online Services in any manner inconsistent with or that would violate these Terms and Conditions, or any other policy or agreement referenced herein, as applicable. In using the Online Services, your conduct must at all times comply with all relevant laws, rules, and regulations, including all Federal laws and the State, and local laws of the jurisdiction in which you receive such services. In addition, you agree to the following:
- You will not use the Online Services to threaten, intimidate, or harass any other person;
- You will not transmit any pornographic, lewd, immoral, obscene, offensive, libelous, vulgar, or tortious material, material that is invasive of another's privacy, or material that disparages or insults any individual or group, based on race, ethnicity, gender, nationality, sexual orientation, disability, or other immutable characteristic;
- You will not transmit false information through the Online Services;
- You will not upload, post, e-mail or otherwise transmit any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
- You will not upload, post, e-mail or otherwise transmit any information or content unless you have the lawful right to disseminate such content;
- You agree that your use of the Online Services will not violate any contractual or fiduciary obligations you have to third parties, including that you will not transmit the private, confidential, trade secret, trade mark, proprietary or other non-public information of any other party through the Online Services;
- You will not upload, post, e-mail or otherwise transmit any advertising, promotional materials, solicitations, junk mail, "spam," or any other form of solicitation to any party unless you are expressly authorized to do so by us;
- You will not otherwise take any steps to interfere with the functionality of the Online Services or of the hardware or software of any other party; and
- You will not upload, post, store, e-mail or otherwise transmit any material that invades anyone's privacy, or illustrates, references or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, federal, national or international law or regulation, including, but not limited to, the Health Insurance Portability and Accountability Act of 1996, including all implementing regulations and all amendments.
You are Solely Responsible for Your Own Conduct
You are solely responsible for your own conduct on the Online Services, and you will be solely responsible for any violations of these Terms and Conditions. You agree that you will indemnify and hold harmless Gem Specialty Health, Inc., its agents, officers, affiliates, and any third party for any liabilities, costs, damages, and/or expenses that they incur as a result of your actions.
Content on the Website
We reserve the right (but have no obligation) to review any Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate these Terms & Conditions or otherwise create liability for us or any other person. Such action may include removing or modifying your Content, terminating your access to or use of the website and/or Online Services made available on the website, and/or reporting you to law enforcement authorities.
We are Not Responsible for the Acts of Other Users
We will take precautions to make your experience on the Online Services as pleasant and productive as possible and to make sure that other users follow our policies. However, we is not responsible to you for the conduct of others. Use of this website is solely at your own risk. You agree that in consideration for your use of this website, which is being provided to you free of charge, neither Gem Specialty Health, Inc. , its officers, directors, employees, agents or affiliated corporations will be liable to you for any costs, expenses, liabilities, or damages you may incur as a result of your use of this website.
Third Party Content; Clinical and Medical Content
The website may contain hyperlinks, advertisements or content related to third party web sites, products, including third party products, services or businesses. We may even redirect you automatically to third party web sites or services and your usage of such will be governed, pending your acceptance, by their additional terms and conditions or policies, if applicable. You agree that we is not responsible, nor shall we be liable, for verifying the validity or accuracy of any third party material, content, products, including third party products, advertisements, web sites, services or other related materials. In addition, we do not warrant, will not be responsible for examining or evaluating the accuracy of, and will not have any liability or responsibility for any medical information, research or clinical materials or information provided by any third party material, content, products, advertisements, web sites, services or other materials or documentation. Any medical content, services, information, advice or materials of any kind accessed through the Online Services is for general information or reference purposes only and shall not be relied upon or replace any professional, clinical or medical advice or judgment provided by a physician or other health care professional. You agree that you will not use any third party materials or any services in a manner that would infringe upon or violate the rights of any other party and that we are not in any way responsible for any such use by you.
Trademarks and Other Intellectual Property of Gem Specialty Health, Inc.
You understand and agree that Gem Specialty Health, Inc. or its Affiliates ("Affiliates" shall mean any entity who directly or indirectly controls, is controlled by or is under common control with such entity) own all right, title, and interest in the intellectual property related to the Online Services, including, without limitation, all trademarks, trade names, copyrights, logos, graphics, software, data and documentation. You also agree not to decompile, disassemble, reverse engineer, modify, copy, relicense, resell, rent, transfer, remove or export any software owned by Gem Specialty Health, Inc. or its Affiliates or agents. Unless you receive prior written consent from us, you are not permitted to use or reproduce any intellectual property owned by Gem Specialty Health, Inc. or its Affiliates or agents. Your use of the services by way of the Online Services is through a non-exclusive right to use subject to the terms of these Terms and Conditions. Any use other than the intended use is prohibited and may subject you to civil and criminal penalties. In addition, this website and all Content contained on the website are the proprietary information of ours, and may not be disseminated without our express written consent.
- We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others.
- If you believe that your work has been copied and is accessible on the Online Services in a way that constitutes copyright infringement, or that the Online Services contain links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify us by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:
- A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
2214 5th Street STE 5
White Bear Lake, MN 55110
Termination or Suspension of Access
We reserves the right to terminate or suspend, at any time and effective immediately, your access to the Online Services and our services.
This site is provided to you on an "as is" and "as available" basis. We makes no representations or warranties of any kind, either express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. We expressly disclaims liability for any technical problems with the website, including temporary unavailability or delays in connection time. We do not accept responsibility for any illegal pirating of the website or for the actions of those who may obtain unauthorized access to the site. We expressly disclaim all liability and any warranties concerning the Content, products, services, information, or materials made available through this site or its links or any actions that you may take or refrain from taking as a result of any such Content, products, services, information, or materials. Information on this website is presented for informational purposes only and should not be construed as advice to users. Should you have any questions or concerns about any information or material presented on a web site referred to by the Online Services, please contact the author of that information directly.
Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GEM SPECIALTY HEALTH, INC. (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE ONLINE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE ONLINE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF ONE HUNDRED FIFTY US DOLLARS (U.S. $150). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
These Terms and Conditions and any other policy referenced herein shall constitute the entire agreement between you and us with respect to your use of the Online Services. It shall be governed by and construed in accordance with the internal laws of the State of Minnesota, and any controversy between you and us shall be adjudicated in courts of competent jurisdiction located within Minnesota. By using the Online Services, you submit to the jurisdiction of such courts. No provision of these Terms and Conditions shall be deemed to be waived except expressly in writing signed by an authorized representative of us. Further, by using this site, you agree that, if any provision of these Terms and Conditions are found by a court to be invalid or unenforceable, the court shall modify the provision to the extent necessary consistent with the intent of the parties, and the remaining provisions shall remain in full force and effect. Regardless of any law to the contrary, all claims or causes of action arising out of or related to use of the website must be filed within one (1) year after it arose or shall be deemed to be forever barred.
We may, in our sole discretion, modify or revise these Terms and Conditions at any time, and you agree to be bound by such modifications or revisions. The date of the most recent modifications or revisions will appear on this page, so check back often. Continued access of the Online Services by you will constitute your acceptance of any modifications or revisions to these Terms and Conditions.
Please direct any questions regarding the Online Services, these Terms and Conditions or any other policies issued by us by using the contact information located on the Contact Us page.