Terms of Use

Welcome to Smarthousecalls.com.  Smart House Calls, LLC ("SHC") provides you access to this website (the "Site") subject to your agreement and compliance with these Terms of Use (the "Terms").  Please read these Terms carefully, as they explain the terms and conditions that you accept when you visit or use the Site.  By visiting or using the Site, you agree to be bound by the Terms.  If you do not agree to be bound by all the Terms, please do not visit or use the Site.  SHC may update or revise the Terms at any time and for any reason.  If the Terms are updated or revised, the new Terms will be posted on the Site along with the date the Terms were last updated or revised.  Your use of the Site after new Terms are posted will constitute your binding acceptance of the new Terms.  

 

Ownership of Site and Content

 

The Site and all of the information, text, data, graphics, images, logos, audio, video and any other items included in or accessible from the Site (collectively, the "Content") is owned by SHC or other content providers and protected by United States and international copyright, trademark, and other intellectual property laws.  SHC reserves all available legal rights in the Content.  

 

Restrictions on Use

 

You have the non-exclusive right to use the Content only for your own personal use.  You may not copy, download, transmit, publish, imitate, modify or create any derivative works from the Content without the prior written permission of SHC, which consent may be withheld for any reason.  Any unauthorized use of the Content is strictly prohibited.  

 

You agree that your use of the Site is solely at your own risk and that SHC will not be responsible or liable for any damages suffered by you or a third party in connection with your use of the Site.  You agree to use the Site only for lawful purposes and to comply with all applicable national, state or local laws, statutes, regulations and ordinances.  You may not use any device, software or other method to interfere with or attempt to interfere with the proper working of the Site or otherwise prevent another user from using and enjoying the Site.  SHC may terminate your use of the Site without notice if SHC believes that, in its sole discretion, you have violated any of the Terms.  

 

Privacy

 

The Site uses a videoconferencing, web-based software that enables patients and health care professionals to engage in a two-way, real time interactive communication from different locations.  SHC utilizes industry standard security measures to safeguard privacy when using the Site and providing the telemedicine videoconferencing service (the "Service").  SHC does not retain any of the information generated during these interactions and basically functions as a "conduit" for the transmission of health information.  Because SHC is essentially a channel, SHC is not mandated to comply with the Health Information Portability and Accountability Act ("HIPAA") and the Standards for Privacy and Security promulgated pursuant thereto (45 C.F.R. Parts 160 and 164). However, to the extent that SHC is deemed to have access to or to use or possess any of this information for any period of time in such a way that it is required to comply with HIPAA, SHC will enter into a "Business Associate Agreement" (or "BAA") with all of its provider customers prior to the provision of access to the Site or the Service.  A summary of the BAA can be obtained by clicking HERE.  

 

Personal information we obtain from you is used to provide you with the Service.  SHC will never sell, rent, share, or disclose your personal information to third parties without your permission except in the following limited circumstances.  SHC may disclose your personal information if we are permitted to do so as explained in our agreement with you, if we are required to do so by law, or if we believe it is reasonably necessary to comply with the request of legal authorities, to protect our rights, or to respond to any claims.  


Patient Records; Interactions with Health Care Providers

 

SHC does not record or store any of the communications that take place between users of the Service and their patients.  All health care professionals using the Service acknowledge and agree that SHC has no obligation to maintain any records related to users of the Service.  The fact that an electronic medium is utilized for communication or interaction between parties or as a substitute for face-to-face consultation does not change the standards of care applicable to health care professionals.  Additionally, SHC is not a provider of health care services and neither endorses nor evaluates any medical professionals utilizing the Site or the Service to interact with patients.  All medical professionals utilizing the Site or the Service are independent of SHC.  SHC's only relationship with such professionals is to facilitate their use of the Site and the Service.

 

Disclaimers

 

THE SITE IS PROVIDED ONLY ON AN "AS IS" AND "AS AVAILABLE" BASIS.  SMART HOUSE CALLS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SITE.  FURTHERMORE, SMART HOUSE CALLS DOES NOT MAKE ANY REPRESENTATION, WARRANTY, PROMISE, OR GUARANTEE, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, COMPLETENESS, CORRECTNESS, OR RELIABILITY OF THE SITE AND THE CONTENT.  THE INFORMATION AND SERVICES OF THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.  SMART HOUSE CALLS HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE RELATIVE TO THE SITE.  SMART HOUSE CALLS DOES NOT GUARANTEE THE SITE OR THE CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, SMART HOUSE CALLS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED.  THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  

 

ANY CONTENT YOU ACCESS OR DOWNLOAD IS AT YOUR OWN RISK.  YOU AGREE THAT SMART HOUSE CALLS IS NOT RESPONSIBLE OR IN ANY WAY LIABLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER DAMAGE THAT OCCURS DUE TO SUCH ACCESS OR DOWNLOADS.  

 

Limitation of Liability

 

To the fullest extent allowed by applicable law, in no event shall SMART HOUSE CALLS be liable to you or any other person for any direct, indirect, incidental, special, consequential or punitive damages or any other type of damages arising out of or connected with the use or Content of the Site, whether based on breach of contract, negligence, strict tort liability, product liability, or otherwise.  SMART HOUSE CALLS WOULD NOT PROVIDE THE SITE OR THE SERVICE WITHOUT THESE LIMITATIONS.  

 

Indemnification

 

You agree to indemnify and hold SHC harmless from any liability, claim, loss, or damages (including reasonable attorneys' fees) arising out of your violation of the Terms or use of the Site.  

 

Third Party Sites

 

The Site may contain links to web sites owned or operated by independent third parties (the "Third Party Sites").  The fact that the Site may contain links to the Third Party Sites does not mean that SHC endorses the products, services, or content offered at the Third Party Sites.  SHC does not control the Third Party Sites, and therefore SHC does not accept any responsibility or liability for the quality, content, nature or reliability of the Third Party Sites.  When you visit a Third Party Site, you should review its terms of use and privacy policy before continuing to use the Third Party Site.  

 

Advertisements

 

The Site may contain advertisements or other information that displays or references products and services of SHC and other vendors.  References to or displays of such products and services should not be interpreted as a recommendation or endorsement of such products and services.  

 

General Provisions

 

If any portion of the Terms is deemed invalid, void, or unenforceable by a court law, that portion will be eliminated and the remaining portions of the Terms will remain valid and continue in full force and effect.

 

The failure of SHC to enforce or exercise any provision of the Terms shall not be considered a waiver of any right or provision in the Terms.  

 

The Terms shall be governed by and interpreted in accordance with the laws of the State of Georgia, without regard to its conflicts of law rules.  Regardless of where you access the Site, you agree that any action arising under or in connection with the Site will be brought only in the state courts located in Oconee County, Georgia, or the federal courts having jurisdiction over matters filed in Oconee County, Georgia, and you hereby agree to submit to the exclusive subject matter and personal jurisdiction of, and venue being laid in, said courts.

 

The Terms constitute the entire agreement between you and SHC regarding your use of the Site, and the Terms supersede any and all prior agreements, representations, warranties, and understandings with respect to your use of the Site.