Terms of Services

Effective Date: May 22, 2024
These terms of service (“Terms of Service”) govern your access to and use of any website (“Site”) owned or operated by Avalon Health (“we,” “us,” “our,” or “Avalon”). By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy [Avalon Privacy Policy Link], and any additional terms and conditions that are referenced herein or that otherwise may apply to specific sections of the Site, or to products and services (the “Services”) that we make available to you through the Site (all of which are deemed part of these Terms of Service). Accessing the Site in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.
Avalon reserves the right to change these Terms of Service or to impose new conditions on use of the Site from time to time, in which case we will post the revised Terms of Service on the Site and update the “Last Updated” date to reflect the date of the changes. By continuing to use the Site after we post any such changes, you accept the Terms of Service as modified. Avalon also reserves the right to deny access to the Site or any features of the Site to anyone who violates these Terms of Service or who, in our sole judgment, interferes with the ability of others to enjoy our Site or infringes on the rights of others.

1. Services Provided

Avalon provides resources on the Site to connect individuals with Avalon health professionals and other licensed health care practitioners (the “Providers”) via live video conferencing, telephone, and/or secure messaging for the diagnosis and treatment of patients, as well as providing other types of administrative services, information, and follow-on consultations. Avalon may record video conference consultations and telephone calls for quality purposes.

2. Your Limited Right to Use Site Materials

The Site and all materials available on the Site are the property of Avalon and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal, non-commercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. Specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium any material from the Site. You may, however, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

3. Our Right to Use Materials You Submit or Post

When you submit or post any material (including photos or videos) via the Site, you grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, for any purpose we choose. Avalon will comply with applicable state and federal law regarding the confidentiality of patient health records and information. In connection with the exercise of these rights, you grant us and anyone authorized by us the right to identify you as the author of any of your postings or submissions by name, e-mail address, or screen name, as we deem appropriate. You will not receive any compensation of any kind for the use of any materials submitted by you.

4. Site Registration Process

In order to access certain features of our Site or Services, we may ask you to provide certain personally identifiable information such as your name and e-mail address. You agree to provide true, accurate, current, and complete information about yourself as prompted by the Site’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any information you provide to us as part of the registration process is governed by the terms of our Privacy Policy [Avalon Privacy Policy Link].

5. Account Enrollment, Eligibility, and Security

To access the Site and Services, you represent and warrant that you are of legal age to sign a binding contract and possess the legal right and ability to agree to these Terms of Service, register for the Services under your name, and use the Services in accordance with these Terms of Service. You agree to fully, accurately, and truthfully create your Avalon account, including, but not limited to, your name, mailing address, phone number, e-mail, and password, which become your Avalon ID and credentials. Your Avalon ID and credentials are personal to you, and you are solely responsible for maintaining their confidentiality and for all activities that occur under your Avalon ID and credentials. You agree to prohibit anyone else from using your Avalon ID and credentials and to immediately notify Avalon of any actual or suspected unauthorized use of your Avalon ID or credentials or other security concerns.

6. Fraud Prevention and Security

Avalon may contact you to verify your account information and may request further information from you. If you do not provide this information within 14 days of the request, Avalon reserves the right to suspend, discontinue, or deny your access to and use of the Site and Services until the information is provided.

7. Electronic Medical Record

Your Avalon Electronic Medical Record (“EMR”) is created for you to enter, store, and access your personal health information online, including medical history, current health conditions, symptoms, complaints, allergies, and medications, and for your Provider to record the results of his or her medical encounters with you. Any information provided as part of a video and/or telephone consultation becomes part of your Avalon EMR. You agree to provide accurate, current, and complete information for your Avalon EMR and to periodically review and update such information. For additional information regarding the use of your Avalon EMR, please see our Privacy Policy [Avalon Privacy Policy Link]. It is your responsibility to confirm any third-party information in your Avalon EMR. Avalon is not responsible for maintaining data arising from use of the Services.

8. Responsibility for User-Provided Content

The Site may include features such as discussion forums, blogs, photo- and video-sharing pages, e-mail services, or networking or communications features. By accessing and using these features, you represent and agree that you own or have the necessary rights to any materials you post or submit and that such materials do not violate the rights of any person or entity. You will indemnify and hold harmless Avalon and its affiliates from any liability arising out of content or materials displayed on or submitted via the Site by you or others using your account.

9. Rules Concerning Use of Site

You may not use Avalon Services in any illegal, abusive, or other manner that interferes with the business or activities of any other party. Prohibited uses include, but are not limited to, developing a product or service similar to Avalon Services, transmitting material that contains adult entertainment or illegal content, promoting gambling, encouraging illegal activity, or infringing on the rights of others.

10. Limitation on Use of Company Directories

The information in any company directories on the Site is for business lookup purposes and is not to be used for marketing or telemarketing. This information may not be copied or redistributed and is provided “AS IS” without warranty of any kind.

11. Modifications to, or Discontinuations of, the Site

We reserve the right to modify or discontinue, temporarily or permanently, the Site or any portion thereof, with or without notice. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of the Site or any portion thereof.

12. Disclaimers

Our Site may include links and pointers to Internet sites maintained by third parties. Our linking to any such third-party sites does not imply an endorsement of such sites. The information, products, and services offered on or through the Site and any third-party sites are provided “AS IS” and without warranties of any kind either express or implied.

13. Limitation of Liability

Under no circumstances, including negligence, will we or any of our subsidiaries or affiliates be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of, or the inability to use, the Site, including its materials, products, or services, or third-party materials, products, or services made available through the Site, even if advised of the possibility of such damages.

14. Indemnification

You agree to indemnify and hold harmless Avalon, its affiliates, and their respective directors, officers, employees, agents, and licensors from and against any and all losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of your use of the Site or your violation of these Terms of Service.

15. Suspension and Termination of Access

We may suspend or terminate your account or use of the Site at any time, for any reason, without notice. You agree that we will not be liable to you or any third party for any suspension or termination of your account or use of the Site.

16. Notice of Copyright Infringement

If you believe your copyrighted material has been reproduced, posted, or distributed via the Site in a manner that constitutes copyright infringement, please inform us by email. Include the following information in your notice:

  1. A detailed description of the copyrighted work.
  2. A description of the location of the allegedly infringing material on the Site.
  3. Your contact information.
  4. A statement