Vēdius provides health care scheduling and other services to users. These Terms of Service (“Terms”) govern your use of the Vēdius services, including our mobile application (the “Services”) and are entered into by you and Epitomedical IP, LLC (“Vēdius,” “we,” or “us”).
When you use the Services, or contact us via email, text message, phone, chat or other communications via your mobile device or computer, you are communicating with us electronically. You agree to receive communications from us electronically, in any form including, without limitation, via email, text, messages on this site or any of our Apps, push notices or through any other electronic means. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Your Use of the Services
We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in the App, its content, and the Services that may be provided (“Materials”). Vēdius grants you a limited, non-exclusive, non-transferable, and revocable license to use the Materials for their intended purposes only subject to your compliance with these Terms and our policies. You may not copy, modify, distribute, sell or lease any part of the Materials. You may not reverse engineer or attempt to extract the source code of the Materials. All rights not expressly granted to you under these Terms are reserved and retained by Vēdius or its service providers, suppliers or other content providers.
In order to use the Services, you may need to create a user account. You are responsible for all conduct and transactions that take place on or using your account and agree that you will take precautions to keep your password and other account information secure.
You are responsible for all carrier data plan and other fees and taxes associated with your use of our Services.
Vēdius may introduce new features, change existing features, or remove features from the Services at any time and without notice. If you provide Vēdius with any feedback on, or comments relating to, the Services you grant Vēdius the right to use such feedback or comments for any purpose without restriction or payment to you.
Applications are Not a Substitute for Professional Health Care or Professional Health Care Advice
ANY HEALTH-RELATED INFORMATION AVAILABLE THROUGH THE APP IS NOT A SUBSTITUTE FOR PROFESSIONAL HEALTH CARE. IT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED, AND SHOULD NOT BE USED, TO REPLACE THE ADVICE OF HEALTH CARE PROFESSIONALS. YOU ARE SOLELY RESPONSIBLE FOR YOUR RELIANCE ON THE APP AND ANY HEALTH-RELATED INFORMATION AVAILABLE THROUGH THE APP. YOU ARE SOLELY RESPONSIBLE FOR ALL DECISIONS OR ACTIONS RESULTING FROM YOUR USE OF THE APP AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO THE DECISION TO REFRAIN FROM SEEKING ANY DIAGNOSIS OR TREATMENT. YOU ARE ALSO SOLELY RESPONSIBLE FOR YOUR DECISION TO USE THE SERVICES OF ANY PARTICULAR THIRD-PARTY PROVIDER.
Third-party Products and Content
To the fullest extent permitted by applicable law, Vēdius does not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through the Services.
Services Provided As-Is
Except as otherwise set forth herein, the Services are provided “as is” and “as available.” To the maximum extent permitted by applicable law, Vēdius disclaims all representations and warranties, express, implied, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, Vēdius makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Services or products requested through the use of the Services, or that the Services will be uninterrupted or error-free. You agree that, as between you and Vēdius, the entire risk arising out of your use of the Services remains solely with you.
You agree to defend, indemnify and hold harmless Vēdius and its officers, directors, employees, agents and affiliates (each, an “Indemnified Party”) from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Services or from any breach by you of these Terms, including without limitation any actual or alleged violation of any law, rule or regulation.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall Vēdius, its affiliates, and each of its and their respective officers, directors, employees, agents, shareholders, licensors, and suppliers, be liable to you for any incidental, special, punitive, consequential, or indirect damages (including, but not limited to, damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by the services, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with the App, the services, or these terms, however arising including negligence, even if Vēdius or its agents or representatives know or have been advised of the possibility of such damages.
To the fullest extent permitted by applicable law, Vēdius’s entire aggregate liability under these terms, or in connection with your use of the Services, shall not exceed an amount equal to the greater of (a) $100, or (b) the amount paid by you to Vēdius during the 12 months immediately preceding the claim which gives rise to the liability.
You agree that without regard to any statute or contrary law that any claim or cause arising out of the Services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred.
Disputes & Arbitration
If you have a dispute with Vēdius arising out of your use of the Services you agree to contact us first and attempt to work out any such dispute amicably. If we can’t work out a solution amicably, both you and Vēdius agree to resolve any disputes arising out of your use of the Services or these Terms through binding arbitration or, where the claim qualifies, small claims court. The Federal Arbitration Act and federal arbitration law apply to these Terms.
The arbitration will be conducted by the American Arbitration Association (the “AAA”) under its rules, including the Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also each agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property or other proprietary rights.
Vēdius does not accept service of subpoenas via email or fax and will not respond to any subpoena served in such way.
Vēdius respects the intellectual property rights of others and has implemented a copyright policy in accordance with the Digital Millennium Copyright Act and other relevant laws. Vēdius will respond to valid notices of copyright infringement.
If you believe any content posted or made available through the Services constitutes infringement of your copyright please submit your complaint to us via email at info@Vēdiusapp.com. Alternatively, you may send a written notice of infringement to Vēdius’s designated Copyright Agent using the contact information listed below.
In your email or written notice, please specify the nature of the copyright infringement.
You can stop using the Services at any time and without notice to us. Similarly, we may terminate access to the Services to you or any other users or stop offering the Service at any time without notice.
These Terms will be governed by the laws of the State of Nevada, without respect to its conflicts of laws principles. Any claims arising out of or relating to these Terms or use of the Services that are not subject to the Section on Disputes & Arbitration, above, shall be brought exclusively in the state or federal courts located in Las Vegas, Nevada.
These Terms, subject to any amendments, modifications, or additional agreements you enter into with Vēdius, shall constitute the entire agreement between you and Vēdius with respect to the Services, and any use of the same. If any provision of these Terms is found to be invalid by a court of competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.
Vēdius’s failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future.
You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at assignment by you shall be void.
Changes to the Terms
Vēdius may make changes to these Terms from time to time. When we do so, we will post the most current version of the Terms on our website and, if a revision to the Terms is material, we will notify you of the new Terms (for example, by email or a notification on our Services). Changes to these terms will not apply retroactively. If you do not agree to the modified terms, you should discontinue your use of the Services.
If you have any questions, complaints or comments about the Services contact us at:
c/o Epitomedical IP, LLC
8859 W. Flamingo Road
Las Vegas, Nevada 89147
Attention: Chief Medical Officer