Gyno To Go's website, located at www.gynotogo.com and other online products and services (collectively, the “Site”), are owned and operated by Crossroads ObGyn and Wellness (and collectively with its subsidiaries, affiliates, successors, and assigns, “Gyno To Go”, “we,” or “us”).
The Site provides individuals accessing them with general information on Health Care and Wellness Professionals and facilities who are subscribers to the Gyno To Go services (the “Practitioners” or "Providers") and certain general content (“Content”) displayed on the Site pertaining to health and wellness topics. The Site contains certain pages, sections, services, and content that are only available to registered members of the Gyno To Go services.
THIS SITE PROVIDES GENERAL HEALTH AND WELLNESS INFORMATION. IT DOES NOT REPLACE YOUR RELATIONSHIP WITH ANY PRACTITIONER OR SERVICE, AND Gyno To Go, ITSELF, does not provide medical OR HEALTH advice, care, diagnosis, or treatment.
Independence of Practitioners
The professionals utilizing or featured on the Site are subscribers to and licensees of the Site and not employees or independent contractor service providers of Crossroads ObGyn and Wellness or Gyno To Go. Any opinions, advice, or information expressed by a health care facility, professional or specialist using or featured on the Site are of the facility and professional alone. They do not reflect the opinions of Gyno To Go. Gyno To Go does not recommend or endorse any specific tests, providers, products, procedures, medications, devices, opinions, or other information that may be mentioned on the Site or by a licensee of Gyno To Go.
The inclusion of Practitioners on the Site or in any professional directory located on the Site does not imply recommendation or endorsement of such Practitioner nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any Practitioner contained therein.
Such information is provided on an “as-is” basis and Gyno To Go disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose. Gyno To Go shall in no event be liable to you or to anyone for any decision made or action taken by any party (including, without limitation, any Site user) in reliance on information about PRACTITIONERS on the Site. The use of the Site by any entity or individual to verify the credentials of PRACTITIONERS is prohibited.
You must exercise caution, good sense, and sound judgment in using the Site. You are prohibited from violating, or attempting to violate, the security of the Site. Any such violations may result in criminal and/or civil penalties against you. Gyno To Go may investigate any alleged or suspected violations and if a criminal violation is suspected, Gyno To Go will cooperate with law enforcement agencies in their investigations.
Limited License and Site Access; All Rights Reserved
The Site contains text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively, “Content”). We grant you a limited license to access and make personal use of the Site, but not to download (other than for page caching) or modify it, or any portion of it, except with our express written consent. This license does not include: any resale or commercial use of the Site or the Content; any derivative use of the Site or the Content; or any use of data mining, robots, or similar data gathering and extraction tools.
Neither this Site nor any portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or proprietary information (including images, text, page layout, or form) of Gyno To Go without our express written consent. You may not use any meta-tags or any other “hidden text” containing our trademarks or service marks without our express written consent.
We (or the respective third-party owners of Content) retain all right, title, and interest in the Site and any Content and features offered on the Site, including any and all intellectual property rights. We (or the respective third-party owners of Content) reserve all rights not expressly granted herein. Any unauthorized use terminates the foregoing licenses and permissions.
INTELLECTUAL PROPERTY RIGHTS
Except as otherwise expressly stated, all Content appearing on the Site is the copyrighted work of Gyno To Go or its third-party content providers and is protected by U.S. and international copyright laws. The compilation (meaning the selection, coordination, and arrangement) of the Site is also the exclusive property of Gyno To Go and is protected by U.S. and international copyright laws.
Certain trademarks on the Site are the service marks and trademarks of Gyno To Go or its licensees. The domain name for the Site, the Gyno To Go logo and elements of the design of the Site are service marks, trademarks, logos, and/or trade dress of Gyno To Go. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Site are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from the Site without the prior written authorization of Gyno To Go.
Permission for all other uses of Content, service marks, trademarks, logos, trade dress or other intellectual property contained herein, including reproducing and distributing multiple copies or using Content, service marks, trademarks, logos, trade dress or other intellectual property on any other website or networked computer or linking to any page at the Site, must be obtained from Gyno To Go or the appropriate rights owner in advance; otherwise, such use is prohibited. Requests for such authorization from Gyno To Go should be submitted to support.All design rights, databases and compilation and other intellectual property rights associated with the Site, in each case whether registered or unregistered, and related goodwill, are proprietary to Gyno To Go.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
Gyno To Go respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and Gyno To Go asks our users to do the same. Gyno To Go therefore employs measures to prevent copyright and other intellectual property infringement on the Site. Pursuant to Title 17, United States Code, Section 512(c)(2), if you believe that your work has been copied in a way that constitutes copyright or other intellectual property infringement, please send a written notification of the claimed copyright or other intellectual property infringement to the following Designated Agent:
Gyno To Go
2500 ETC Jester Ste 258
Houston, TX 77008
Under Title 17, United States Code, Section 512(c)(3)(A), to be effective the notification must include substantially the following information:
A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
Identification of the copyrighted work or other intellectual property that you claim has been infringed, or if multiple copyrighted works or other intellectual property on the Site are covered by the notice, a representative list of such works;
Identification of the material that you claim is 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 Gyno To Go to locate the material;
Information reasonably sufficient to permit Gyno To Go to contact you, such as your name, address, telephone number and email address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law; and
A statement by you that the notification is accurate, and under penalty of perjury, that you are the copyright or other intellectual property owner or authorized to act on the copyright or other intellectual property owner’s behalf.
Do not send any inquiries unrelated to copyright or other intellectual property infringements to the contact listed above.
Any use or attempted use of the Site (i) for any unlawful, unauthorized, fraudulent or malicious purpose, (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii) that could interfere with any other party’s use and enjoyment of the Site, (iv) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining or any other means, (v) to access systems, data, or information not intended by Gyno To Go to be made accessible to a user, (vi) to obtain any materials, or information through any means not intentionally made available by Gyno To Go, (vii) to reverse engineer, disassemble or decompile any section or technology on the Site, or (viii) any use other than the business purpose for which it was intended, is prohibited.
In addition, in connection with your use of the Site, you agree you will not: (a) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity; (b) create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Gyno To Go representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (d) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware or any other similar software or programs that may damage the operation of another’s computer or property of another; (e) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; (f) use the Site’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); (g) upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing” or any other form of solicitation, commercial or otherwise; (h) violate any applicable local, state, national or international law; (i) upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; (j) delete or revise any material posted by any other person or entity; (k) manipulate or otherwise display the Site by using framing, mirroring or similar navigational technology; (l) probe, scan, test the vulnerability of or breach the authentication measures of, the Site or any related networks or systems; (m) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so; (n) harvest or otherwise collect information about others, including email addresses; (o) use any robot, spider, scraper, or other automated or manual means to access the Site, or copy any content or information on the Site; or (p) assist or permit any person in engaging in any of these activities.
Gyno To Go reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a user's access and/or account. Gyno To Go may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.
RIGHT TO MONITOR
Gyno To Go neither actively monitors general use of the Site under normal circumstances, nor exercises editorial control over the content of any third party’s website, email transmission, news group, or other material created or accessible over or through the Site. However, Gyno To Go does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in Gyno To Go's sole discretion, may be illegal.
LINKS TO THIRD-PARTY SITES
Your interactions with entities or individuals found on or through the Site, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such entities or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and disclosing personal information.
You agree that Gyno To Go shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on the Site, or between users and any third party, you understand and agree that Gyno To Go is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Gyno To Go, its officers, employees, agents and successors in interest from claims, demand and damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Site or the features and services therein. If you are a California resident, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
PAYMENT SERVICES FOR SUBSCRIBING PRACTITIONERS
Payment processing services for Subscribing Practitioners on the Site are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a Subscribing Practitioner on the Site, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of the Site enabling payment processing services through Stripe, you agree to provide the Site accurate and complete information about you and your business, and you authorize the Site to share it and transaction information related to your use of the payment processing services provided by Stripe.
Content and other information contained on the Site is provided by Gyno To Go as a convenience. Users relying on Content or other information from the Site do so at their own risk.
THE Gyno To Go SITE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. Gyno To Go TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE. Gyno To Go MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, Uninterrupted, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Gyno To Go BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS Interruption) RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Gyno To Go ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Gyno To Go SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000.
NEITHER Gyno To Go NOR ANY THIRD PARTIES MENTIONED ON THE SITE ARE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SITE. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Telemedicine involves the use of electronic communications to enable health care providers at different locations to share individual patient medical information for the purpose of improving patient care. Providers may include primary care practitioners, specialists, and/or subspecialists. The information may be used for diagnosis, therapy, followup and/or education, and may include any of the following: • Patient medical records • Medical images • Live two way audio and video • Output data from medical devices and sound and video files
Electronic systems used will incorporate network and software security protocols to protect the confidentiality of patient identification and imaging data and will include measures to safeguard the data and to ensure its integrity against intentional or unintentional corruption.
Expected Benefits: • Improved access to medical care • More efficient medical evaluation and management. • Obtaining expertise of a distant specialist.
Possible Risks: As with any medical procedure, there are potential risks associated with the use of telemedicine. These risks include, but may not be limited to: • In rare cases, information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical decision making by the physician and consultant(s); • Delays in medical evaluation and treatment could occur due to deficiencies or failures of the equipment; • In very rare instances, security protocols could fail, causing a breach of privacy of personal medical information; • In rare cases, a lack of access to complete medical records may result in adverse drug interactions or allergic reactions or other judgment errors;
I understand the following:
1. I understand that the laws that protect privacy and the confidentiality of medical information also apply to telemedicine, and that no information obtained in the use of telemedicine which identifies me will be disclosed to researchers or other entities without my consent.
2. I understand that I have the right to withhold or withdraw my consent to the use of telemedicine in the course of my care at any time, without affecting my right to future care or treatment.
3. I understand that I have the right to inspect all information obtained and recorded in the course of a telemedicine interaction, and may receive copies of this information for a reasonable fee.
4. I understand that a variety of alternative methods of medical care may be available to me, and that I may choose one or more of these at any time.
5. I understand that telemedicine may involve electronic communication of my personal medical information to other medical practitioners who may be located in other areas, including out of stae.
6. I understand that it is my duty to inform my doctor of electronic interactions regarding my care that I may have with other healthcare providers.
7. I understand that I may expect the anticipated benefits from the use of telemedicine in my care, but that no results can be guaranteed or assured.
Consent To The Use of Telemedicine
1. I understand that I wish to engage in a telemedicine consultation.
2. I understand how the video conferencing technology will be used to affect such a consultation will not be the same as a direct patient/health care provider visit due to the fact that I will not be in the same room as my health care provider.
3. I understand there are potential risks to this technology, including interruptions, unauthorized access and technical difficulties. I understand that my health care provider or I can discontinue the telemedicine consult/visit if it is felt that the videoconferencing connections are not adequate for the situation.
4. I understand that my healthcare information may be shared with other individuals for scheduling and billing purposes. Others may also be present during the consultation other than my health care provider and consulting health care provider in order to operate the video equipment. The above mentioned people will all maintain confidentiality of the information obtained. I further understand that I will be informed of their presence in the consultation and thus will have the right to request the following: (1) omit specific details of my medical history/physical examination that are personally sensitive to me; (2) ask non‐medical personnel to leave the telemedicine examination room: and or (3) terminate the consultation at any time.
5. I have had the alternatives to a telemedicine consultation explained to me, and in choosing to participate in a telemedicine consultation. I understand that some parts of the exam involving physical tests may be conducted by individuals at my location at the direction of the consulting health care provider.
6. In an emergent consultation, I understand that the specialist’s responsibility will conclude upon the termination of the video conference connection.
7. I understand that billing will occur from Gyno To Go and I agree not to file a claim for these services.
8. I have read and understand the information provided above regarding telemedicine and all of my questions have been answered to my satisfaction. I hereby give my informed consent for the use of telemedicine in my medical care. I hereby authorize licensed providers with Gyno To Go to use telemedicine in the course of my diagnosis and treatment.
GOVERNING LAW; VENUE; SEVERABILITY OF PROVISIONS
This Site is controlled and operated by Gyno To Go from our offices within Houston, TX, United States of America. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable. Access to the Site from jurisdictions where the contents of the Site are illegal or penalized is prohibited.
NO AGENCY RELATIONSHIP