PointNurse Terms Of Service

Effective Date: September 15. 2017

This Agreement sets out and contains all of the terms and conditions between a User ("you," "client" or "User") and PointNurse, LLC (“PointNurse”, the "Site", "Site Offerings" or the "Platform" or “App”, “we” or “our”).  PointNurse reserves the right to change these Terms of Service from time to time as it deems necessary, and will post such changes and their effective date within the current Terms of Use on this website.

PointNurse is an online and mobile video, audio and text communication software system for connecting healthcare professionals and users - it does not offer healthcare directly or sell healthcare services.

PointNurse does not offer or give medical advice. We do not provide medical or diagnostic services.

PointNurse is an online platform through which we connect clients and healthcare professionals for one-on-one video/text/voice interfaces. The platform is accessible via multiple websites; devices, and other means such as cell phones, tablets and other handheld devices. All of our Terms of Service are for all platforms offering this site.

PointNurse enables you to communicate with a healthcare professional for the purpose of obtaining information, advice or any other input. PointNurse does not hire the healthcare professionals. We carefully screen our healthcare professional applicants and insist on evidence of the applicant's credentials. However, PointNurse assumes no responsibility for any act, omission or doing of any healthcare professional. We make no representation or warranty whatsoever as to the willingness or ability of a healthcare professionals to give advice. We make no representation or warranty whatsoever as to whether you will find the site helpful.

You are advised to exercise a high level of care and caution in the use of the site. You agree, confirm and acknowledge that you are aware of the fact that the Site Offerings are not a complete substitute for a face-to-face session with a licensed, qualified professional. You should never rely on or make health or well-being decisions purely on use of this site. Furthermore, we strongly recommend that you will consider seeking advice by having an in-person appointment with a licensed and qualified professional. Never disregard, avoid, or delay obtaining medical advice from your doctor or other qualified healthcare professionals with a face-to-face appointment.

While PointNurse does research and verify certain credentials the healthcare professionals using the site, we do not guarantee the verification of medical degrees, qualifications, licensure, certification, credentials, competence or background of any healthcare professionals. Your relationship relating to the Site Offerings is strictly with the healthcare professionals. They provide their own license and insurance and state their own expertise in their chosen fields. PointNurse is not involved in any way with the actual substance of that relationship or any part of the healthcare professional’s Service and we do not validate or become involved in any of the Site Offerings.

When you make a payment through the site, or make any payment to us, this payment is made to the healthcare professionals for the Site Offerings. We will charge the healthcare professionals by taking a portion of their compensation for the use of the site services and the Platform offered through its various iterations. This is the Internet equivalent of renting an office space to the healthcare professionals. Regardless of this payment, we will not be deemed as the healthcare professionals or a provider of any healthcare Services. Furthermore, payment for the use of the Platform is made by the healthcare professionals and not by you.

Both the healthcare professionals and you the Users of the site agree to indemnify PointNurse and its corporate entity, PointNurse, LLC for any claims made by a healthcare professional or User against each other for any services provided through this site or any reason whatsoever. The Users and healthcare professionals agree to indemnify and hold harmless PointNurse, its related entities, affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use.

We do not endorse any specific tests, products, procedures, opinions, or other information that may be mentioned or described in this website. If you rely on any content obtained by you on or through this website, you do so solely at your own risk. You are solely responsible for compliance with the laws and regulations applicable to your place or country of residence and accessing this website from any country where its content does not comply with its laws and regulations is prohibited.

You agree that PointNurse and its affiliates shall not be liable to you or anyone else for any loss or injury caused in whole or in part by relying upon, using, or interpreting the content or any other information obtained through use of this website. In no event will PointNurse or its affiliates be liable to you or anyone else for any incidental, consequential, indirect, special or exemplary damages or lost profits arising out of the use or inability to use the content, the website or any other information obtained through the website, even if PointNurse, its affiliates, its licensors, agents or representatives know or have been advised of the possibility of such damages.

These excluded damages include, but are not limited to, medical, legal and any other malpractice damage claims or awards, pain and suffering, personal injury/wrongful death, loss of income, loss of consortium, business interruption, medical bills, damages for loss of data, loss of programs, and/or cost of procurement of substitute services or service interruptions.  PointNurse’s cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to the website, the content or these terms of use shall not exceed the fee, if any, paid by you or on your behalf for the use of the website for the prior twelve (12) months.

Any link (including a hyperlink, button or referral device of any kind) used on this website is provided for your use and convenience. The appearance of a link on this website does not constitute an endorsement, recommendation or certification by us, nor should the presence of a link in any way be construed as a suggestion that any third party website has any relationship with us. We do not endorse the content on any third-party websites. We are not responsible for the content of linked third-party websites or third-party advertisements, and do not make any representations regarding their content or accuracy. We do not knowingly link to websites that may infringe on valid and existing trademarks, service marks, copyrights or patents. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites.

Other Legal Terms
Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.

This Agreement shall be interpreted only in accordance with the laws of the State of Delaware. This Agreement will be binding and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.

No amendment to this Agreement will be effective unless made in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.

UNLESS OTHERWISE EXPRESSED, PointNurse EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.