Gyno To Go Terms and Conditions

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”).

Please read these terms and conditions (“Terms of Use”) carefully because they set forth the important terms you will need to know about the Site. In these Terms of Use, the terms “you” and “yours” refer to the person using the Site. The Site is intended for access and use only by U.S. individuals. Use of the Site is governed by the Terms of Use, and by using the Site you agree to abide by these Terms of Use as well as all applicable laws and regulations. If you do not agree with these Terms of Use, do not use the Site.

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.

IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.

If you do not accept and agree to be bound by any of these Terms of Use, you are not authorized to access or otherwise use the Site or any information or Content contained on the Site, as defined in these Terms of Use. Your access to and use of the Site constitutes your acceptance of and agreement to abide by each of these terms and conditions set forth below. This Site is continually under development, and Gyno To Go reserves the right to revise or remove any part of these Terms of Use in its sole discretion at any time and without prior notice to you. Any changes to these Terms of Use are effective upon posting to the Site. Unless otherwise indicated, any new Content added to the Site is also subject to these Terms of Use upon posting to the Site. If you disagree with these Terms of Use, your sole remedy is to discontinue your use of the Site. Your continued use after a change has been posted constitutes your acceptance of the changes.

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.  

Your insurance policy is a contract between you and your insurance company. It is your responsibility to know your benefits, and how they will apply to your benefit payments, and we take no responsibility to understand or be bound by the terms and conditions of such insurance. By signing this form, you are electing to purchase services that may or may not be covered by your insurance if you obtained those services from a different provider. You have selected services for purchase from us on a self-pay basis. In other words, you have directed us to treat your purchase of these services as if you are an uninsured patient and you agree to be 100% responsible for full payment of the listed price of the services. There is no guarantee your insurance company will make any payment on the cost of the services you have purchased. Gyno To Go and Crossroads ObGyn and Wellness has provided you with the charges, in advance, for the services you have requested. Your continued use of our Site constitutes your agreement, you agree to pay these charges in full as a self-pay patient, electing not to use an insurance policy benefit. You have been given a choice of different services, along with their costs. You have selected the services and are willing to accept full financial responsibility for payment. You have read the Agreement for Self-Payment of Services. You understand and agree to this Agreement.

ACCEPTANCE OF USE AND TERMS OF USE

This Site is intended for use only by persons who are at least 14 years of age; provided that, for an individual who is between the age of 14 and 18, a parent or legal guardian accepts these Terms of Use on his or her behalf. If you are under [14] years of age, do not use or access the Site at any time or in any manner. By using the Site, you affirm that you are over the age of 14.  Gyno To Go does not seek through this website to gather personal information from or about persons under the age of 14.

PRIVACY POLICY

Gyno To Go understands the importance of confidentiality and privacy regarding your health information. Please see our Privacy Policy for a description of how we may collect and use your personal information. The Privacy Policy is hereby incorporated into these Terms of Use by reference and constitutes a part of these Terms of Use.

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.

SECURITY

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.

Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from the Site, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Gyno To Go or any applicable third-party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by Gyno To Go. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Gyno To Go does not warrant or represent that your use of Content or any other materials displayed on the Site will not infringe rights of third parties. Your use of any of the Content beyond the scope of personal use may require a license from the owner of the rights to the data with respect to the use of portrait right, trademark, copyright, design right, right of utilization or any other rights of the persons, products or landscape portrayed in the provided Content. Gyno To Go is not responsible for any claims of ownership rights to any images or data against you. You will indemnify, defend and hold harmless Gyno To Go from and against any losses or claims, by an owner of data or image rights or any third party resulting from any violation of these Terms of Use.

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

2000 Crawford St Suite 1100

Houston, TX 77002

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.

PROHIBITED USE

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.

Except as may be expressly limited by the Privacy Policy, Gyno To Go reserves the right at all times to disclose any information as Gyno To Go deems 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 Gyno To Go’s sole discretion.

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

As you view the Site, you may see links to third-party websites. These links are for convenience only. If you use these links, you will leave the Site. Certain of these linked websites may make use of Gyno To Go’s proprietary intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from the Gyno To Go. Gyno To Go is not responsible for the availability or content, products, services or other materials of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website. In addition, providing links to these websites should not be interpreted as endorsement or approval by Gyno To Go of the organizations sponsoring such third-party websites or their products or services. Gyno To Go shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website. Gyno To Go is not responsible for the privacy practices of any other websites. These Terms of Use do not apply to any other websites.

THIRD-PARTY INTERACTIONS

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.

TERMINATION

Gyno To Go may terminate your use of the Site or any of our features or services at any time and for any reason without notice for conduct violating these Terms of Use. Gyno To Go will terminate a user’s access to the Site and its features and services if, under appropriate circumstances, the user is determined to be a repeat infringer of third-party rights or in breach of these Terms of Use. Upon any such termination, you must destroy all Content obtained from the Site and all copies thereof. The provisions of these Terms of Use concerning Site security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity and jurisdictional issues shall survive any such termination. You agree that if your use of the Site is terminated pursuant to these Terms of Use, you will not attempt to use the Site under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold Gyno To Go harmless from any and all liability that Gyno To Go may incur therefore.

DISCLAIMERS

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.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Gyno To Go, its affiliates, contractors, and its directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from the Site, your use of the Site, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms of Use.

NOTICES

Any notices to you from Gyno To Go regarding the Site or these Terms of Use will be made by email or regular mail.

TELEMEDICINE GOVERNANCE

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.

ELECTRONIC COMMUNICATIONS

When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the 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. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use.

ENTIRE AGREEMENT

These Terms of Use and other policies Gyno To Go that we may post on the Site or that you and Gyno To Go may execute constitute the entire agreement between Gyno To Go and you in connection with your use of the Site and supersedes any prior agreements between Gyno To Go and you regarding use of the Site, including prior versions of these Terms of Use.

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.

By choosing to visit the Site, you agree that any dispute over your use of the Site or these Terms of Use will be governed by the laws of the State of Texas and the United States of America, without regard to any conflicts of law provisions. You also consent to the adjudication of any disputes arising in connection with our Site in the state and federal courts located in Houston, TX. You also agree to attempt to mediate any such dispute and to abide by all limitations of liability contained herein.

All parts of these Terms of Use apply to the maximum extent permitted by law. We both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.

NO AGENCY RELATIONSHIP

Neither these Terms of Use, nor any Content, materials or features of the Site create any partnership, joint venture, employment, or other agency relationship between us and you. You may not enter into any contract on our behalf or bind us in any way.

REMEDIES

You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

ASSIGNMENT

You may not assign any of your rights under these Terms of Use, and any such attempt will be null and void. Gyno To Go may, in its discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms of Service if some or all of the business of Gyno To Go is transferred to another entity by way of merger, sale of its assets or otherwise.

CONTACTING US

If you have any questions or concerns about these Terms of Use, please contact us at our support desk or at the mailing address provided above. We will attempt to respond to your questions or concerns promptly after we receive them.

These Terms of Use were last updated on May 31st, 2020.