Please see the ZEBOC FAQs at https://community.zeboc.com/index.php?p=faq for a plain-language explanation about how ZEBOC works and how a Patient or Provider can access the Services.
Services: ZEBOC’s services are provided through this Website, which is a tele-health online platform for clients and patients (collectively, “Patients”) to communicate with participating medical professionals (“Providers”) to provide health care services online (collectively, the “Service”). By visiting ZEBOC’s Website and/or participating in the Service you agree to be bound by these terms and conditions, including those additional terms and conditions and policies referenced herein and available by hyperlink. These Terms apply to all users of the Website, including without limitation users who are browsers, Patients, Providers, merchants, and vendors.
Use of the Service is not appropriate for emergencies. If you think you are having a medical emergency call 911.
General Use Restrictions: By using the Website you acknowledge and understand that (1) you are using the Service to facilitate the delivery of health care services from Providers who have agreed to provide services through the Website, and that such services are provided at the sole discretion and medical judgment of the Providers; (2) accessing the Services from a state other than state you are physically located or reside in is prohibited and you confirm that you are physically located in the state in which you are requesting the Services; (3) the Services may not be reimbursable by Medicare, Medicaid, Tricare, or any other government health care program or by commercial insurers, managed care organizations, preferred provider organizations, or other payors and you will be responsible for any payments owed to Providers; (4) you are at least 18 years of age or you are accompanied by a parent or guardian who can give informed consent on your behalf if you are under the age of 18 at the time of the consultation; and (5) if you are seeking services on behalf of a child, dependent, or other person for whose medical care you are responsible, your approval of the Terms will bind such other person to these terms and conditions.
ZEBOC or third parties granting rights to ZEBOC hold all right, title, and interest in and to the materials on this Website, which are the copyrighted work of ZEBOC or such third parties. ZEBOC grants you a limited, personal, non-exclusive and non-transferable license to use and display the materials only on your personal computer only for purposes associated with your interaction with this Website. Except as stated herein, you have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter, or enhance any of the materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination, you must immediately destroy any downloaded and printed materials. You have no right, title, or interest (and no copyright, trademark or other intellectual property right) in or to the Website or any materials and you agree not to “frame” or “mirror” the Website, any material contained on or accessible from this Website on any other server or Internet-based device without the advanced written authorization of ZEBOC.
In ZEBOC’s efforts to promote good citizenship within the Internet community, if ZEBOC becomes aware of inappropriate use of the Website or the Service, ZEBOC will respond in any way that, in its sole discretion, ZEBOC deems appropriate. You acknowledge that ZEBOC will have the right to report to law enforcement authorities any actions that might be considered illegal, as well as any reports it receives of such conduct. When requested, ZEBOC will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
You are solely responsible for the information, photos, profiles (including your name, image, and likeness), reviews, messages, notes, text, feedback and other content that you upload, publish or display (hereinafter, “post”) on or through this Website, or transmit to or share with other users (collectively the “User Content”). You may not post, transmit, or share User Content on the Website that you did not create or that you do not have permission to post. You understand and agree that ZEBOC may, but is not obligated to, review the Website and may delete or remove (without notice) any Website content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of ZEBOC violates these Terms or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Website or provide to ZEBOC. You agree that under no circumstances will ZEBOC be liable in any way for any loss or damage to any content or photos you post, e-mail, or otherwise make available to ZEBOC.
When you post User Content to the Website, you authorize and direct ZEBOC to make such copies thereof as ZEBOC deems necessary in order to facilitate the posting and storage of the User Content on the Website. By posting User Content to any part of this Website, you automatically grant, and you represent and warrant that you have the right to grant to ZEBOC an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose in connection with this Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. ZEBOC reserves the right to modify, translate, republish, reproduce, and/or distribute any and all User Content and photos submitted through the Website.
In connection with User Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant ZEBOC all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage ZEBOC or any third party; (iii) submit material that is unlawful, obscene, abusive, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) create or submit unwanted email (“Spam”); or (vi) impersonate another person. ZEBOC does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content. ZEBOC does not permit copyright infringing activities and infringement of intellectual property rights in connection with the Services, and ZEBOC will remove all Content and User Content if properly notified that such Content or User Content infringes on another’s intellectual property rights. ZEBOC may terminate your access to the Website if you are determined to be a repeat infringer. A repeat infringer is anyone who has been notified of infringing activity more than once and/or has had any User Content removed from the Website more than twice. ZEBOC also reserve the right to decide whether User Content is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to obscene or defamatory material, or excessive length. ZEBOC may remove such User Content and/or terminate your access for uploading such material in violation of these Terms at any time, without prior notice and at ZEBOC’s sole discretion.
You may not use the Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction. You must not transmit any worms or viruses or any code of a destructive nature to ZEBOC. A breach or violation of any of the Terms will result in an immediate termination of your Services.
Patient and Provider Responsibility.
If you are a Patient, you accept responsibility for yourself in the use of the Service. You acknowledge that your relationship for health care services is with your health care provider, and your obtaining services from the Provider is solely at your own risk and you assume full responsibility for all risk associated therewith, to the extent permitted by law. ZEBOC uses commercially reasonable efforts to verify the NPI and state licensing of Providers; however, it is your obligation to verify the NPI and state licensing of Providers and that they are in good standing in the state in which they are licensed. To the extent medical advice is provided to you by a Provider through the Service, such medical advice is based on your personal heath data as provided by you to the Provider and is not under the control of ZEBOC. The Service is not a replacement for your primary care physician or annual office check-ups, nor it is a replacement for the treating Providers. By using the Service, you agree to not hold ZEBOC liable in any way for any malpractice or substandard treatment the Provider may render.
If you are a Provider, you accept responsibility for your Patients as well as yourself in the use of this Service. You are also responsible for the quality of the services you provide during your use of the Service and for verifying all transcriptions of communications with Patients and all personal heath data provided by Patients and ZEBOC in connection with the Service. Additionally, you are responsible for complying with all applicable laws in connection with your use of the Service, including obtaining any and all federal, state and local licenses and certifications which may be required to practice your profession when using this Service and maintaining malpractice and liability insurance in compliance with regulatory and local requirements. You are also responsible for obtaining Patient consent if required by law and complying with any and all privacy laws applicable to the use of this Service with your Patients, including the Health Insurance Portability and Accountability Act of 1996. ZEBOC has established reasonable safeguards and procedures to protect the security of patient information, but you must also take steps to protect your privacy and confidentiality and that of your Patients. We make no representations regarding your ability to bill third-party payors for the services you provide using the Website. You are responsible for complying with all laws in billing for the services you provide. By using this Website and/or registering for an Account you voluntarily agree to be listed by ZEBOC as a Provider on the Website. Once a Patient has registered with us, the Patient can then invite Providers to use the Service. If you receive a invitation to connect with a Patient through our Website and Service, such invitation is from the Patient and not from ZEBOC.
Disclaimer Regarding Health Care Services: ZEBOC is not a medical service provider, online pharmacy, health insurance company, or licensed to sell health insurance and does not provide health care services. ZEBOC simply provides a system to facilitate Patients communication with Providers using ZEBOC’s owned or licensed information database and software.
ZEBOC SPECIFICALLY DISCLAIMS ALL LIABILITY FOR THE ACTS OR OMISSIONS OF ANY PROVIDER PROVIDING MEDICAL CARE OR ADVICE (INCLUDING BUT NOT LIMITED TO PRESCRIBING MEDICATIONS) THROUGH THE SERVICE.
Modifications to the Service: ZEBOC reserves the right at any time to modify or discontinue the Service (or any part or content thereof) without notice. ZEBOC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Purchases: If applicable, and if not billed directly by your Provider, you agree to pay all fees or charges in connection with the Service based on the billing terms established by your Provider. If you do not pay on time or if ZEBOC cannot charge your credit card or other payment method for any reason, ZEBOC reserves the right to either suspend or terminate your access to the Website. You agree to provide current, complete and accurate purchase and account information for all purchases made with ZEBOC. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that ZEBOC can complete your transactions and contact you as needed.
Payment: Accepted forms of payment include most major credit cards (VISA, MASTERCARD, AMERICAN EXPRESS, and DISCOVER) and PayPal, for the Service. You represent and warrant that (i) the credit card or other payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card or other payment method for purchases, and (iii) charges incurred by you will be honored by your credit card company or similar. You should be aware that ZEBOC may use a third-party payment processor (the “Payment Processor”) to link ZEBOC to your credit card account. The processing of payments or credits, as applicable, in connection with your use of the Services will be subject to the terms, conditions, and privacy policies of the Payment Processor and your credit card issuer in addition to these Terms. ZEBOC is not responsible for any errors by the Payment Processor or your credit card issuer.
Third Party Interaction and Links to Third Party Websites: In your use of this Website, you may enter correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors or partners of this Website. Unless otherwise stated, any such correspondence, advertisement, purchase, or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty, or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that ZEBOC has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.
ZEBOC does not endorse or warrant any third-party products or services by virtue of any advertisement, information, material or content referred to, or included on, or linked from or to its blog.
This Website may be linked to other Websites on the World Wide Web that are not under the control of or maintained by ZEBOC. Such links do not constitute an endorsement by ZEBOC of any such Websites.
You acknowledge that ZEBOC is providing these links to you only as a convenience, and you agree that ZEBOC is not responsible for the content or links displayed on such Websites to which you may be linked. Your interactions with organizations and/or individuals found on or through the Website, including the payment and delivery of goods or services or donations, if any, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and such organizations and/or individuals.
You agree that ZEBOC shall not be responsible or liable for any loss or damage incurred as a result of your dealings with any third-party organizations or individuals. If there is a dispute between participants on this Website, or between users and any third party, you understand and agree that ZEBOC is under no obligation to become involved. If you have a dispute with one or more users, you hereby release ZEBOC from any and all liability associated with such dispute.
Intellectual Property: Unless otherwise noted, this Website 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) (collectively “Contents”), are owned by ZEBOC, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms permit you to use the Website for your personal, non-commercial use only. You may download or copy Contents from our Website for your personal, non-commercial use only. No right, title or interest in any Contents is transferred to you as a result of any such downloading or copying. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without ZEBOC’s express written consent. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Website. Unauthorized use of the Contents is expressly prohibited by law and may result in civil and criminal penalties.
In accordance with the Digital Millennium Copyright Act, ZEBOC has adopted a policy of, in appropriate circumstances, terminating user accounts that are repeat infringers of the intellectual property rights of others. ZEBOC also may terminate user accounts even based on a single infringement.
User Comments, Feedback and Other Submissions: If, at ZEBOC’s request, you send certain specific submissions (for example feedback on the Service) or, without a request from ZEBOC, you send suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that ZEBOC may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you provide. ZEBOC are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
ZEBOC may, but has no obligation to, monitor, edit or remove User Content that ZEBOC determines in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related Website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead ZEBOC or third parties as to the origin of any Comments. You are solely responsible for any comments you make and their accuracy. ZEBOC takes no responsibility and assumes no liability for any comments posted by you or any third party.
Disclaimer of Warranties: Your use of this Website is at your own risk. This Website may include inaccuracies or errors that may affect the quality of the materials, products, or services offered through the Website. The materials or Service offered have not been independently verified or authenticated in whole or in part by ZEBOC. ZEBOC has no liability for any errors or omissions in the materials, product offerings, or Service, whether provided by ZEBOC or third parties.
THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY WARRANTY. ZEBOC, FOR ITSELF AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE WEBSITE INCLUDING BUT NOT LIMITED TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY MATERIAL, INFORMATION, PRODUCT, OR SERVICE CONTAINED ON THE WEBSITE. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED. ZEBOC WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE WEBSITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS WEBSITE OR YOUR INABILITY TO USE THE WEBSITE, EVEN IF ZEBOC HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Exception for EU citizens: IF YOU ARE A RESIDENT IN THE EUROPEAN UNION, ZEBOC DOES NOT EXCLUDE OR LIMIT ITS LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE. NEITHER ZEBOC, ANY ZEBOC AFFILIATES, NOR ANY OF ZEBOC’S OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, SERVICES OR CONTENT AND MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
Inaccuracies or Errors; Internet Delays: The descriptions, pictures, transcriptions and other representations on this Website may contain inaccuracies and errors. ZEBOC does not make any warranty or representation with respect to the accuracy or completeness of any such information. Furthermore, the prices and availability of the Service may change without notice to you at any time in ZEBOC’s or a third party’s sole discretion. The Service may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications and ZEBOC is not responsible for any delays, delivery failures or other damages resulting from such problems.
Local Laws: ZEBOC controls and operates this Website from its headquarters in the United States of America and makes no representation that the materials are appropriate or will be available for use in other locations other than Canada. Unless otherwise explicitly stated, all marketing or promotional materials found on this Website are solely directed to individuals, companies, or other entities located in the United States of America or Canada. If you use this Website from outside the United States of America or Canada, you are entirely responsible for compliance with applicable local laws.
Force Majeure: ZEBOC will not be liable or responsible to you, and will not be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by, or results from acts, or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or telecommunication breakdown or power outage.
Trademarks and Images: The trademarks, logos, and service marks, including those products denoted with TM, ©, or ®, as well as pictures, graphs, or photographs of products, persons, or other objects (collectively, the “Trademarks and/or Images”) displayed on this Website are registered and unregistered trademarks of ZEBOC, its affiliates, and third parties. If a Trademark and/or Image is owned by a third party, ZEBOC or its affiliate has obtained permission from such third party to use the third-party Trademark and/or Image on this Website. Nothing contained in this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks and/or Images without the express written permission of ZEBOC, its affiliate, or the applicable third party. Your misuse of the Trademarks and/or Images on the Website and in its contents, except as provided in these Terms, is strictly prohibited. You are advised that ZEBOC will aggressively enforce its intellectual property rights over the Website and its contents to the fullest extent of the law, including the pursuit of criminal sanctions.
Severability: In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. This determination shall not affect the validity and enforceability of any other remaining provisions.
Termination: The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or ZEBOC. You may terminate these Terms at any time by notifying ZEBOC that you no longer wish to use our Services, or when you cease using our site.
If in ZEBOC’s sole judgment you fail or ZEBOC suspects that you have failed to comply with any term or provision of these Terms, ZEBOC may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Service (or any part thereof).
Assignment: You will not assign any of your rights or delegate any of your obligations under these Terms without ZEBOC’s prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
Notice: ZEBOC may provide any notice to you under these Terms by: (i) sending a message to the email address you provide; or (ii) by posting to this Website. Notices sent by email will be effective when ZEBOC sends the email and notices ZEBOC provides by posting will be effective upon posting. It is your responsibility to keep your email address current.
To give ZEBOC notice under these Terms, you must contact us by personal delivery, overnight courier, or registered or certified mail to Marici Technology Solutions, LLC, 111 S Jackson St., Seattle, WA 98104. ZEBOC may update the facsimile number or address for notices to ZEBOC by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
Entire Agreement: ZEBOC’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by ZEBOC on this Website or in respect to the Service constitutes the entire agreement and understanding between you and ZEBOC and governs your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and ZEBOC (including, but not limited to, any prior versions of these Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Applicable Law: If you are located in the United States or Canada, any action related to these Terms or any dispute under any agreement with ZEBOC will be governed by the law of the State of Washington, without regard to the choice or conflicts of law provisions of any jurisdiction. If the parties and their respective representatives cannot otherwise reach a mutually agreeable resolution to a dispute, then the parties agree to submit the dispute to one mutually agreed upon mediator for mediation in Seattle, Washington and the parties shall share, equally, the cost of such mediation. If the dispute cannot be resolved by mediation, you agree to submit to the jurisdiction of the courts located in King County, State of Washington, for the resolution of all disputes arising from or related to these Terms and/or your use of the Website. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Website or the Services must be filed within one year after such claim or cause of action arose or be forever barred.
Indemnification: You agree that you will, at your expense, indemnify, defend, settle, and hold ZEBOC, its affiliates, and its directors, officers, owners, employees, agents, and assigns harmless from and against all claims and expenses, including attorneys’ fees, arising out of or from (i) any injury, illness or death resulting from any professional negligence or malpractice in connection with the Service or (iii) any claim that your use of this Website, including but not limited to any use of this Website that is not authorized by these Terms and any claim from a third party that your use of this Website violates any applicable law or regulation. In addition, you will pay any judgment awarded against ZEBOC or any settlement agreed to by you, and any authorized expenses incurred by us. ZEBOC reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with ZEBOC in asserting any available defenses.
Copyright © 2021. Marici Technology Solutions, LLC. All rights reserved.
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