Terms & Conditions

VelaMD

Terms and Conditions of Use

VelaMD, LLC (“VelaMD”, “we” or “us”) operates a website, mobile application and other communication/messaging platforms that are operated by us directly or through our vendors, on behalf of certain medical practices and providers (the “Platform”). The terms “you” and “yours” refer to the person using the Platform. The Platform is intended to facilitate the provision of the Services to registered users. The “Services” may include: (i) providing individuals with dermatological services; (ii) information on health care matters relating to the assessment and treatment of individuals’ dermatological needs and related medical conditions, including, but not limited to, store and forward modalities; (iii) facilitating individual assessments; (iv) an online communication platform, including through doximity, facetime, skype, telephone, and other live two way interactive communication modalities, as a means of direct access to health care providers provided by contracted medical practices and providers (the “Providers”) and similar affiliated professional entities for communication, consultations, assessments, and treatment by such health care organizations and their providers; and (v) an online communication platform, including through doximity, facetime, skype, telephone, and other live two way interactive communication modalities, as a means of communication between Providers for consultation purposes.

You understand that VelaMD provides administrative services to the Providers, each of which are independently owned by licensed physicians. VelaMD does not own any of the medical practices, employ or in any way supervise or control the Providers providing care. The care provided by a Provider is the sole responsibility of each independent entity and the Providers. Any consents to treatment obtained by VelaMD through the Platform are on behalf of the Providers. You agree to the terms of any such informed consents and agree to VelaMD facilitating the collection of such informed consents on behalf of the Providers. We offer an online platform for individuals to coordinate access to care. The Platform organizes information you submit on your medical status for use by your Provider and facilitates scheduling of your medical services. VelaMD does not provide medical advice or care. VelaMD contracts with Providers, who are independently licensed individuals who provide clinical services. Providers are not contracted or employed by VelaMD. The Providers, and not VelaMD, are responsible for the quality and appropriateness of the care they render to you. The Providers are independent of VelaMD and are merely using the Platform as a way to coordinate access for you. Any information or advice received from a Provider comes from them alone, and not from us. Your interactions with the Providers are not intended to take the place of your relationship with any other of your health care practitioners or primary care physician. Neither VelaMD, nor any of its subsidiaries or affiliates or any third party who may promote the Platform or Services, shall be liable for any professional advice obtained from a Provider, nor any information obtained on the Platform. You acknowledge that your reliance on any Providers or information delivered by the Providers is solely at your own risk and you assume full responsibility for all risks associated herewith. VelaMD does not make any representations or warranties about the training or skill of any Providers who deliver clinical services, nor does VelaMD represent that services are available in all states. The content of the Platform and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by us, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law.

Providers using the Platform to communicate with other practitioners further represent and warrant that they are a health care provider or personnel of a medical practice who has entered into an agreement for services with VelaMD or a professional entity that has obtained the right to use the Platform (a “Services Agreement”), and you desire to access and use the Platform (and the content and information provided through the Platform) for purposes of facilitating care to patients of your medical practice.

Before using the Platform and Services, please take some time to review the following basic terms and conditions and the terms of our Privacy Policy (which are incorporated herein by reference), all of the foregoing collectively referred to as the “Terms of Use”. These Terms of Use govern your use of the Platform and the Services provided via the Platform. Collection and use of user information under the Platform is subject to the Privacy Policy. To create an Account and use our Services, you are required to accept these Terms of Use. VelaMD reserves the right to change these Terms of Use or to modify any Platform features or the Services at any time. Users are responsible for regularly reviewing these Terms of Use and we encourage you to review them carefully whenever you use the Platform. If you do not agree with any of the Terms of Use, please do not use the Platform.

IMPORTANT INFORMATION ABOUT YOUR USE OF THE SERVICES

Your interactions with the providers via the Platform are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. DO NOT USE THIS PLATFORM FOR EMERGENCY MEDICAL NEEDS. If you experience a medical emergency, call 911 immediately.

1. Consent to be Bound. You agree to be bound by these Terms of Use and the Privacy Policy that appear on the Platform. If you do not wish to be bound by these Terms of Use, you may not use the Platform. BY USING THE PLATFORM, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THESE TERMS OR, IF YOU ARE NOT, THAT YOU HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THESE TERMS. NOTWITHSTANDING THE FOREGOING, MINORS UNDER THIRTEEN (13) YEARS OLD ARE NOT PERMITTED TO ACCESS OR USE THE PLATFORM OR TO ENTER INTO THESE TERMS, EVEN IF A PARENT OR LEGAL GUARDIAN WOULD BE WILLING TO PROVIDE CONSENT. A parent or legal guardian of an individual under the age of eighteen (18) may prohibit such individual’s use of the Platform or Services. If you are the parent or legal guardian of an individual under the age of eighteen (18) and believe that such individual has used the Platform or Services without your consent or authorization, please contact us at support@velamd.com. We have the right to terminate your Account without warning or notice to you if we have reason to believe that you are in breach of these representations and/or if any information you have submitted is false or inaccurate. Some areas of the Platform may have additional terms and conditions (“Additional Terms”). Where Additional Terms apply, we will make them available for you to read through prior to your use of that area of the Platform. By using those areas of the Platform, you agree to the Additional Terms. For Providers you further agree you may use the Platform solely for purposes permitted under the Applicable Services Agreement.
2. Certification of Location. The Services is designed for and intended for users in the United States only. To use the Services, you must be located in one of the jurisdictions in which the Services are available. By agreeing to these Terms of Use, you are certifying that you have and will truthfully represent your location each time you use the Services. VelaMD and the Providers operate subject to state and federal regulations, and the Services may not be available in your state or area. You represent that you are not a person barred from enrolling for and/or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located.
3. Payments and Recurring Payments. You understand that you may need to pay for certain Services received through the Platform yourself and that any insurance you have may not reimburse you for it. You understand that, unless you engaged in the Platform and Services through a practice with whom we contract with, by using this Platform, you are freely electing to pay out of pocket for all Services and prescriptions provided through the Platform and that you may be foregoing discounts or insurance coverage that might otherwise be available to you if you sought care in another health care setting. You understand that it is your responsibility to arrange and pay for any follow-up care that VelaMD recommends you receive. To the extent you engaged in the Platform and Services through a practice that we contract with, then the other practice will bill your insurance and/or collect any cash payments. If, on the other hand, you did not engage the Platform and Services by another practice with whom we have contracted with, and, instead, you engaged the Platform and Services through other means, you will be solely responsible for all payment obligations hereunder and we will not bill any insurance for the Services rendered through the Platform by the Providers. You understand that you will be told how to get care in the case of an emergency. you understand that by using the Platform, you may receive medications more slowly than if you received care in a different setting. You understand that VelaMD does not provide health care services; and except as otherwise explicitly stated herein, VelaMD will collect and remit all payment amounts (including any recurring payments) you are charged for the Services rendered by VelaMD and the Providers from which you receive care and any pharmacies that work with the Platform to such the Providers and pharmacy. You agree to timely make payments. You understand by providing your payment information on the Platform, including but not limited to any credit card information or credit card hold information for current or future payments, you authorize VelaMD to charge or facilitate the charge of the credit card or other payment method, including for automatic recurring payments, for all items and/or services you receive or are scheduled to receive through the Platform. You understand that the cost of Services, including medications, are final and not refundable. You also understand that you will not be able to receive refunds for treatments and for medications, even if they are unused. You understand that VelaMD and the Providers reserve the right to discontinue service if you are delinquent on any payments, for which you are responsible. VelaMD may use third-party services for the purpose of facilitating payment and the completion of the purchases for health care services, rendered by the Providers. By submitting your payment information, you grant VelaMD the right to provide information to these third parties. You represent and warrant that that (a) any credit card, debit card and bank account information you supply is true, correct, and complete, (b) charges incurred by you will be honored by your credit/debit card company or bank, (c) you will pay the charges incurred by you in the amounts posted, including, without limitation, any applicable taxes, and (d) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
4. User Accounts. When you register on the Platform, you may need to create an account (“Account”) by entering your name, email address, password, and certain other information collected by VelaMD. You may not transfer or share your Account password with anyone or create more than one Account. Your privacy is very important to us. Our Privacy Policy explains how we collect, use, protect, and share personal information with others. You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. You are responsible for changing your password promptly if you think it has been compromised. To change your password go into ‘My Account’ within the Platform. You may not use anyone else’s account at any time. In no event should you share your username or password with any third party or allow another person to access the Services using your username and password. Please notify us if you have any reason to believe that your username or password has been lost, compromised, or misused in any way. You are fully and solely responsible for any and all use of the Services using your username and password. We reserve the right to revoke or deactivate your username and password at any time. We reserve the right to take any and all action, as deemed necessary or reasonable, regarding the security of the Platform and your Account. We are not responsible or liable for any damage or loss related to any unauthorized access or use of your Account.
5. Use of the Platform and the Services. You are responsible for your use of the Platform and Services, and for any use of the Platform or Services made using your account. You understand that it is your duty to provide VelaMD truthful, accurate, and complete information. We prohibit certain kinds of conduct that may be harmful to users or to us. When you use the Platform or Services, you may not:

● violate any law or regulation;

● violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;

● upload or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;

● send unsolicited or unauthorized advertising or commercial communications, such as spam;

● engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Services;

● transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;

● impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;

● attempt to circumvent any technological measure implemented by us or any other third party to protect Services;

● attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Services;

● access the Services for use outside of the United States of America; or

● advocate, encourage, or assist any third party in doing any of the foregoing.

For Providers, you agree to access and use the Platform and all data and content accessed through the Platform for permitted purposes under the applicable Services Agreement, and solely: (i) as permitted pursuant to the Health Insurance Portability and Accountability Act of 1996 and the Health Information Technology for Economic and Clinical Health Act provisions of the American Recovery and Reinvestment Act of 2009, Pub. Law No.111-5, and their implementing regulations (as amended from time to time, “HIPAA”); and (ii) in a manner that complies with all HIPAA, federal, and state privacy and security laws and requirements and with the Business Associate Agreement entered into by and between us and you.

1. Limited Use and Availability. To use the Platform and Services, you must be at least 18 years of age or the applicable age of majority in your jurisdiction. In the event that you are between the age of 13 and 18, your parent or guardian will need to provide a valid e-signature/consent. By utilizing the Platform, you represent and warrant that you are at least 18 years of age or the applicable age of majority in your jurisdiction and utilizing the Platform and Services either for yourself or on behalf of a minor at least 13 years of age as a lawful parent or guardian. Our Services is currently only available to individuals who are located in states in which we offer the Services and who have accepted these Terms of Use. By visiting, accessing, registering with or using the Services, you are (a) representing and warranting to us that you are permitted to utilize the Services, (b) representing and warranting to us that when you use the Services, you are located in the same state as the shipping address you provide in your Account, (c) agreeing to comply with all applicable laws in visiting, accessing, registering with or using the Services, and (d) agreeing that you will only use the Services for lawful purposes. Our Services is subject to state regulations and may change from time to time due to changes in applicable regulatory requirements. Certain products available through the Services are subject to additional age restrictions, and not all products or services on our Platform are available to all users. At any point, your provider may determine that you do not qualify for products or services on our Platform.
2. Security. Your personal information will be stored in a reasonably secure manner. VelaMD has contracted with vendors to implement a variety of commercially reasonable standard encryption and security technologies and procedures to protect your personal information from unauthorized access. VelaMD, through its vendors, also maintains standard physical and electronic procedural safeguards that limit access to your personal information to our employees (or people working on our behalf and under confidentiality agreements) who, through the course of standard business activities, need to access your personal information.
3. Confidentiality and Privacy. You agree that information provided by you in connection with the Services shall be governed by the Privacy Policy, which is hereby incorporated and made a part of these Terms of Use. Personal information that identifies you or contains protected health information will not be disclosed to any third party without your consent, except as authorized by law for the purposes of consultation, treatment, payment/billing, and certain administrative purposes, or as otherwise set forth in our Privacy Policy.
4. User Content. The Platform and the Services allow you to upload, submit, send, or receive content and data (“User Content”). You retain ownership of any intellectual property rights that you hold in that User Content. VelaMD has implemented and maintains appropriate measures in accordance with generally accepted industry standards to (i) protect against any anticipated threats or hazards to the security or integrity of User Content; and (ii) protect against unauthorized access to User Content, in accordance with our Privacy Policy. When you upload, submit, store, send, or receive User Content to or through the Platform or Services, you give us permission to reproduce and use your User Content as required or permitted by law. Our license to your User Content is non-exclusive, meaning we may use the User Content for our own purposes or let others use your User Content for their purposes. This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Platform and Services.
5. Operation and Record Retention. By using the Platform, you understand and agree that VelaMD reserves complete and sole discretion with respect to the operation of the Platform or Services, and that VelaMD may, among other things withdraw, suspend or discontinue any functionality or feature of the Platform or Services. Subject to applicable law, VelaMD reserves the right to maintain, delete, or destroy all communications and materials posted or uploaded to the Services pursuant to their internal record retention and/or destruction policies.
6. Notice Regarding Your Financial Responsibility for Services. VelaMD is not enrolled with or a participating provider with any third party payor, including, but not limited to, any federal or state healthcare program (i.e., Medicare, Medicaid) for the provision of any healthcare services or supplies and, as such, VelaMD may not receive payment from such programs for the services or products provided to you by VelaMD. Except as otherwise provided for above relating to a practice with whom we have contracted with, by choosing to use the Services, you are specifically choosing to obtain products and services on a cash basis outside of any third party insurance (including, but, not limited to, any federal or state healthcare program);. VelaMD does not make any representations or guarantees relating to reimbursement for the Services provided hereunder by any third party payor. Thus, to the extent applicable, you are solely responsible for the costs of any service or product provided to you. By agreeing to use the Services, you acknowledge and agree that (1) you are explicitly choosing to obtain products and services on a cash basis outside of any insurance program and you have sole financial responsibility for all services or products provided to you by or through the Services, and (2) VelaMD will provide you, upon request, with a bill that you can choose to submit to an insurance program or third party payor for the costs of the services and products provided to you through the Services.
7. eConsults. For Providers using the Platform, you may submit eConsults through the Platform for a service fee. You understand that each user within your organization should purchase/create an individual license to submit eConsults. We reserve the right to increase or decrease the number of eConsults allowable per month and/or the fee per consult in our sole discretion. At the conclusion of the first month, unless otherwise notified in writing by either party, you will be billed on a monthly basis and can cancel anytime before the beginning of the next month billing cycle. There are no refunds for payment for use of the Platform.
8. Communications Consent and Communications Risks of Using the Platform. Communications from applications or websites like the Platform can be sent to the wrong person, lost, or subject to other sending or security errors. All communications sent over an Internet connection, including through use of the Platform, are inherently vulnerable to hacking, theft, unauthorized access and/or disclosure, misdirection, loss of data, corruption of data, delays or interruptions in communication, and reductions in quality due to lack of or reduction in broadband access and reliability. In the event of a technological disruption, an alternative communication pathway may be recommended. Anyone who has access to the Platform or any electronic communications can read, forward, copy, delete, or change the message, view your personal information and know/assume messages are from us. This includes those with permission to access such messages and those without. By using the Platform and related electronic communications, and by providing your contact information, such as your address, email address, or mobile/other phone number(s), you consent and are agreeing to receive information about your health as well as additional informational and marketing communications from us. You also understand and agree such communications can be electronic and can include but are not limited to: information on our services and programs, surveys, and educational information. You agree you have read and accept the described risks. You also acknowledge and accept that if you allow sharing of the Platform or related Platform communications to any third party, they may no longer be protected by our privacy and security policies. You also understand and accept that message/data rates may apply for the messages described in this consent.
9. Access Rights. We hereby grant to you a limited, non-exclusive, non-transferable right to access the Platform and use the Services solely for your personal non-commercial use and only as permitted under these Terms of Use and the Privacy Policy. We reserve the right, in our sole discretion, to deny or suspend use of the Platform to anyone for any reason. You agree that you will not, and will not attempt to: (a) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (b) use the Platform to violate any local, state, national, or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Platform; (d) distribute viruses or other harmful computer code through the Platform or (e) otherwise use the Platform in any manner that exceeds the scope of use granted above.
10. Ownership. The Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned or used under license by us and are protected by United States and international copyright, trademark, trade secret and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Platform except as generally and ordinarily permitted through the Platform according to these Terms of Use. You must not access or use for any commercial purposes any part of the Platform.
11. Trademarks. Certain names, logos, and other materials displayed on the Platform may constitute trademarks, trade names, service marks or logos (“Marks”) of VelaMD or other entities. You are not authorized to use any such Marks without the express written permission of such entities. Ownership of all such Marks and the goodwill associated therewith remain with the owning entities or their authorized licensees.
12. Termination. VelaMD may suspend or terminate your use of the Platform for any reason at any time. Subject to applicable law, VelaMD reserves the right to maintain, delete, or destroy all communications and materials posted or uploaded to the Platform pursuant to its internal record retention and/or content destruction policies. After such termination, VelaMD will have no further obligation to provide the Services.
13. Right to modify. We may, at our sole discretion, change, add, or delete portions of these Terms of Use at any time on a going-forward basis. Continued use of the Platform following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms of Use, inclusive of such changes.
14. Links. This Platform may contain links to other web sites. Please note that when you click on any of these links, you are entering another web site for which we have no responsibility or control. The inclusion of any link does not imply affiliation, endorsement, or adoption by us of the linked site or any information contained therein. We encourage you to read the terms and conditions, data-gathering practices, and privacy policies of all linked sites as they may materially differ from ours. You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of any such links or as the result of the presence of such links on this Platform. It is up to you to take precautions to ensure that whatever linked material you select is free of items such as viruses, worms, Trojan horses, and other destructive items.

20. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY.

THE PLATFORM, ITS CONTENT, ANY INFORMATION AVAILABLE ON OR THROUGH THE PLATFORM AND THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW. IN ADDITION, VELAMD AND ITS RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, VENDORS, AND/OR SUPPLIERS (REFERRED TO COLLECTIVELY AS “AFFILIATES”) DO NOT REPRESENT OR WARRANT THAT YOUR USE OF THE PLATFORM, OR THE OPERATION OR FUNCTION OF THE PLATFORM, ANY COMPONENT THEREOF, OR ANY SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THE PLATFORM OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. IN ADDITION, CERTAIN INFORMATION MAY BE UPDATED FROM A SOURCE OTHER THAN VELAMD AND ITS AFFILIATES AND VELAMD AND ITS AFFILIATES DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY OF SUCH INFORMATION. VELAMD AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY INFORMATION OR CONTENT SUBMITTED OR POSTED ON THE PLATFORM, NOR DOES VELAMD ENDORSE ANY OPINIONS EXPRESSED BY OR AFFILIATED WITH ANY USER WHO HAS SUBMITTED CONTENT ON THE PLATFORM.

VELAMD IS NOT LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY NATURE, RESULTING FROM ANY USE OF OR RELIANCE ON, THE CONTENT, THE PLATFORM, MATERIALS OR INFORMATION PROVIDED ON OR THROUGH THE PLATFORM, THE SERVICES, OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE PLATFORM, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, OR LOSS OF DATA, EVEN IF VELAMD HAS BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING SHALL NOT APPLY TO THE EXTENT THAT ANY LIABILITY IS THE RESULT OF VELAMD’S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

YOU ACKNOWLEDGE, BY YOUR USE OF THE PLATFORM, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING, REPAIRS OR REPLACEMENT OF ANY EQUIPMENT, HARDWARE, SOFTWARE, OR DATA YOU USE IN CONNECTION WITH YOUR USE OF THE PLATFORM AND THAT VELAMD AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM.

VELAMD AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE PLATFORM; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE PLATFORM; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE PLATFORM BY ANY THIRD PARTY; (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE PLATFORM. THE FOREGOING SHALL NOT APPLY TO THE EXTENT THAT ANY SUCH INJURY OR HARM IS THE RESULT OF VELAMD’S OWN NEGLIGENCE; OR (h) FAILURE TO FOLLOW INSTRUCTIONS PROVIDED BY VELAMD AND ITS AFFILIATES IN THE DELIVERY AND RECEIPT OF SERVICES.

VELAMD AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY THAT THE PLATFORM, CONTENT, SOFTWARE, OR ANY PRODUCT/SERVICES OFFERED OR PURCHASED THROUGH THE PLATFORM IS APPLICABLE OR APPROPRIATE FOR USE OR ACCESS IN LOCATIONS OUTSIDE OF THE UNITED STATES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VELAMD OR THROUGH THE PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF USE. IN ADDITION, VELAMD AND ITS AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE PLATFORM, ITS CONTENT, THE SOFTWARE AND THE PRODUCTS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, VELAMD DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OR SERVICES OFFERED ON THE PLATFORM.

IN THE EVENT OF ANY PROBLEM WITH THIS PLATFORM, THE SERVICES, THE CONTENT OR THE SOFTWARE, YOU AGREE THAT YOUR SOLE REMEDY SHALL BE TO CEASE USE OF THE PLATFORM. IN THE EVENT OF ANY PROBLEM WITH ANY PRODUCT PURCHASED THROUGH THIS PLATFORM, YOU AGREE THAT YOUR REMEDY, IF ANY, IS FROM THE MANUFACTURER OR SUPPLIER OF THAT PRODUCT OR SERVICES IN ACCORDANCE WITH THE MANUFACTURER'S OR SUPPLIER'S WARRANTY OR TO SEEK A REFUND OR REPLACEMENT IN ACCORDANCE WITH OUR REFUND POLICY.

The foregoing disclaimer of implied warranties or liabilities, including the scope and duration of such warranties and the extent of VelaMD ’s liabilities, shall apply to the fullest extent permitted by law.

21. Indemnification. You agree to defend, indemnify, and hold VelaMD and its Affiliates harmless from and against any and all claims, damages, costs, and expenses, including attorneys' fees, arising from or related to: (a) your or anyone using your account’s use of the Platform; (b) any information (including your submissions or any other content) that you or anyone using your account submit, post, or transmit through the Platform; (c) the violation of these Terms of Use by you or anyone using your account; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your account. VelaMD reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with VelaMD in such defense.

22. Binding Arbitration. These Terms of Use and your use of the Platform shall be governed by the laws of the State of California, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these Terms of Use will be resolved exclusively by final and binding arbitration in Los Angeles, CA under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security. The parties agree to the personal and subject matter jurisdiction and venue of the courts located in Los Angeles, CA, for any action related to these Terms of Use. You may not act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. You understand that by selecting “Continue as Guest” or "Sign in/Register" on the Platform home screen, or by checking a box acknowledging these terms, and/or any other forms presented to you on the Platform, you are consenting and agreeing to these Terms of Use and that such action constitutes a legal signature. No waiver by VelaMD of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of VelaMD to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

This arbitration agreement does not preclude you or VelaMD from seeking action by federal, state, or local government agencies. You and VelaMD also have the right to bring qualifying claims in small claims court. In addition, you and VelaMD retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

23. Digital Millennium Copyright Act of 1998 (the “DMCA”). We respect the intellectual property rights of others. Please notify us in writing, by email or mail to our designated agent listed below, if you believe that a user of the Platform has infringed your intellectual property rights. Pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act ("DMCA"). Notice should be sent or emailed to: admin@velamd.com.

To be effective the notification should include:

● identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

● identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Platform;

● information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;

● a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

● a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and

● your physical or electronic signature.

You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from the Platform without liability, and the claims of the complaining party and party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the DMCA.

24. Changes to these Terms of Use. From time to time, we may change these Terms of Use. If we change these Terms, we will give you notice by posting the revised Terms of Use on the Platform. Those changes will go into effect on the Revision Date shown in the revised Terms of Use. By continuing to use the Platform or Services, you are agreeing to the revised Terms of Use.

BY CLICKING “I AGREE,” CHECKING A RELATED BOX TO SIGNIFY YOUR ACCEPTANCE, USING ANY OTHER ACCEPTANCE PROTOCOL PRESENTED THROUGH THE SERVICES OR OTHERWISE AFFIRMATIVELY ACCEPTING THESE TERMS OF USE, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THESE TERMS OF USE AND CONSENT TO THE SERVICES PROVIDED. IF YOU DO NOT AGREE TO THESE TERM OF USE, YOU WILL NOT BE PERMITTED TO CREATE AN ACCOUNT OR USE THE SERVICES. YOU HEREBY GRANT AGENCY AUTHORITY TO ANY PARTY WHO CLICKS ON THE “I AGREE” BUTTON OR OTHERWISE INDICATES ACCEPTANCE TO THIS CONSENT ON YOUR BEHALF.

PLEASE CHECK THE PLATFORM FREQUENTLY FOR ANY CHANGES TO THESE TERMS OF USE.