Engage Telehealth Advisory Group - Terms of Use

​

Engage Telehealth Advisory Group, LLC (“Engage Telehealth Advisory Group”) provides a subscription service that allows our members to access general medical services via phone or video (also known as telehealth services). The telehealth services are provided by Teladoc Health, Inc. (“Teladoc”).  These Terms of Use (“Terms of Use”) are a legal agreement that governs your access to and use of these telehealth services (“Services”).

​

“You” or “your” refer to you, the individual signing up to access the Services.  Your “Membership” refers to your subscription to access the Services.  The “Site” means the website maintained by Engage Telehealth Advisory Group that allows you to manage your Membership.

​

By signing up for and using the Services, Membership, and Site, you expressly consent, accept, and agree to these Terms of Use. 

​

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.

 

    1. License and Access

​

    Subject to your compliance with these Terms of Use and your payment of the Membership Fee (discussed below), Engage Telehealth Advisory Group grants you, as part of your Membership, a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal and non-commercial use of the Services. This license does not include any resale or commercial use of the Services; any collection and use of any service listings, descriptions, or prices; any derivative use of the Services; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by Engage Telehealth Advisory Group, Teladoc or their licensors, suppliers, publishers, rights holders, or other content providers. No Services may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Engage Telehealth Advisory Group.  Your Membership, and this License granted by Engage Telehealth Advisory Group, shall terminate immediately if you do not comply with these Terms of Use.

​

    Membership with Engage Telehealth Advisory Group is not insurance or a health insurance policy. Instead, it provides access to the Services.  Engage Telehealth Advisory Group is not a licensed insurer, health maintenance organization, or other underwriter of health care services. No portion of any provider’s fees will be reimbursed or otherwise paid by Engage Telehealth Advisory Group. Engage Telehealth Advisory Group is not licensed to provide and does not provide medical services or items to individuals.  The medical providers who provide the Services are solely responsible for the professional advice and treatment rendered to members and Engage Telehealth Advisory Group disclaims any liability with respect to such matters.

​

     2. Use of Services

​

     To use the Services, you must (a) be a resident of the United States; (b) be 18 or over; (c) agree to these Terms of Use; (d) have a telephone or device with Internet access; and (e) provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party.  Individuals under the age of 18 may utilize the Services only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use.

​

     3. Term and Cancellation

​

          3.1      Initial Term.

​

     The initial term of your membership with Engage Telehealth Advisory Group and access to the Services shall be for a period of one month.  Thereafter, provided you still meet the requirements for access to the Services, your membership shall automatically renew for additional one-month periods. Each of these one-month periods is referred to in these Terms of Use as a Billing Period.

 

         3.2       Cancellation by You.

​

      You can cancel your Membership at any time, and you will continue to have access to the Services and the Site through the end of your Billing Period. To cancel, simply send an email to info@engagetelehealth.org.  You will receive a confirmation email when your cancellation request is processed.  If you cancel your Membership, your account will automatically close at the end of your current billing period.

 

         3.3        Termination by Engage Telehealth Advisory Group.

Engage Telehealth Advisory Group reserves the right to terminate your Membership and access to Services and the Site at any time and without notice.  If Engage Telehealth Advisory Group terminates you without cause, it shall refund a pro-rata portion of the Membership Fee based on the amount of time remaining in the Billing Period.

​

       4.  Payment

​

             4.1     Membership Fee.

​

       By signing up for Membership with Engage Telehealth Advisory Group, you agree to pay the monthly membership fee (“Membership Fee”) for access to the Services.  This fee is disclosed to you at sign-up and may be changed by Engage Telehealth Advisory Group at any time upon notice.  The Membership Fee for the first month is due when you sign up for Membership, and the fee for subsequent months is due upon renewal. 

 

             4.2     Other Charges.

​

       Along with the Membership Fee, you agree to pay any other charges related to your use of the Services, including, without limitation, taxes and transactions fees.  These will be due concurrently with the payment of the Membership Fee. 

​

             4.3     Payment Methods.

​

       You hereby agree that we may charge your Payment Methods for all amounts due under these Terms of Use. You may designate one of these as your primary or preferred Payment Method. You authorize us to charge any Payment Method associated with your account if your primary or preferred Payment Method is declined or no longer available.  If you fail to provide us with a Payment Method that can be successfully charged, we may suspend your membership and access to the Services. 

       

             4.4     Changes to the Price.

        We reserve the right to adjust the Membership Fee in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any changes to the Membership Fee will take effect at your next Billing Period renewal.

​

             4.5     No Refunds.

​

             4.6     Payments of Membership Fees 

 

        Payments of Membership Fees and other amounts due in these Terms of Use are nonrefundable.  There are no refunds or credits for partially used Billing Periods. Following any cancellation, however, you will continue to have access to the Services through the end of your current Billing Period.

​

             4.7     Free Month Promotion

​

        Engage Telehealth offers a free month of services* for eligible customers. To start your free month simply go to Chambertelehealth.com, select your Chamber and the payment option that is best for you. You will not be charged during your free trial, and you can cancel anytime. We will remind you when your free trial is about to end, so you can cancel your account if you’d rather not become an Engage Telehealth/Teladoc member. If you choose to continue your subscription after your trial ends, you will be automatically charged your monthly or annual fee.

​

*Free trial duration and availability may vary by region or timing.

 

      5.       Teladoc Terms and Conditions

​

      The use of the Services is also subject to the Teladoc Terms and Conditions which can be viewed here https://teladochealth.com/terms-and-conditions/ and which are incorporated herein by reference.

​

      6.      Site Access, Security and Restrictions; Passwords

​

      You agree to complete the registration process for access to the Services by providing current, complete, and accurate information as required by Engage Telehealth Advisory Group. You are responsible for all activities that occur under your account with Engage Telehealth Advisory Group. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID.

​

      You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which you are not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the or any portion of the site thereof without authorization, in violation of these Terms of Use or in violation of applicable law.

​

      You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

​

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Engage Telehealth Advisory Group without express written consent. You may not use any meta tags or any other “hidden text” utilizing Engage Telehealth Advisory Group’s name or trademarks without the express written consent of Engage Telehealth Advisory Group.

​

        7.        Claims of Copyright Infringement

 

                    7.1      Disclaimer

​

        We disclaim any responsibility or liability for copyrighted materials posted on our Site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.

​

         Engage Telehealth Advisory Group respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to Engage Telehealth Advisory Group’s Designated Copyright Agent, identified below.

​

                    7.2     Notices of Alleged Infringement for Content Made Available on the Site

​

          If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice (“Notice”) complying with the following requirements.

​

          1. Identify the copyrighted works that you claim have been infringed.

​

          2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be  disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.

​

          3. Provide your mailing address, telephone number, and, if available, email address.

​

          4. Include both of the following statements in the body of the Notice:

​

                  “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

​

                   “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

 

           5. Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to info@engagetelehealth.org.

​

         8.        Disclaimer of Warranties and Limitation of Liability

​

                     8.1      DISCLAIMER

 

         ENGAGE TELEHEALTH ADVISORY GROUP DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SERVICES OR SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SERVICES AND SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT, ARE PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NONINFRINGEMENT. ENGAGE TELEHEALTH ADVISORY GROUP DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SERVICES AND/OR SITE.

 

          YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND SITE. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

​

                     8.2       LIMITATION OF LIABILITY

​

           ENGAGE TELEHEALTH ADVISORY GROUP IS NOT RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES, THE SITE, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE MEMBERSHIP, SERVICES OR SITE IS TO TERMINATE YOUR MEMBERSHIP AND STOP USING THE SERVICES AND/OR SITE.

​

           TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF ENGAGE TELEHEALTH ADVISORY GROUP TO YOU WITH RESPECT TO YOUR MEMBERSHIP AND USE OF THE SERVICES AND SITE IS $1000 (ONE THOUSAND DOLLARS).

 

            9.       Miscellaneous

​

                      9.1     Entire Agreement.

​

            These Terms of Use constitute the entire agreement between Engage Telehealth Advisory Group and you pertaining to your Membership, the Services, and the Site.

​

                      9.2     Governing Law.

​

            These Terms of Use shall be governed by the laws of the Commonwealth of Virginia. You hereby consent to the jurisdiction and venue of the courts of the Commonwealth of Virginia, specifically to the courts of Frederick County, Virginia and the District Court for the Western District of Virginia, Harrisonburg Division, in connection with any action, suit, or proceeding arising out of or relating to the Services and these Terms of Use and further waive and agree not to assert in any action, suit, or proceeding brought in these that the parties are not personally subject to the jurisdiction of these courts, that the action, suit, or proceeding is brought in an inconvenient forum or that venue is improper. 

​

                      9.3      Survival.

​

              If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

​

                      9.4      Force Majeure

​

              We will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, pandemics, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire or other disaster.

​

                      9.5       Indemnity

​

              You agree to defend, indemnify and hold Engage Telehealth Advisory Group harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Engage Telehealth Advisory Group arising out of your breach of these Terms of Use or violation of applicable law, or access by anyone using the Services or accessing the Site using your user ID and password.

​

                      9.6        Changes to Terms of Use and Assignment.

​

               Engage Telehealth Advisory Group reserves the right to modify these Terms of Use at any time, effective upon posting. Any use of the Services or the Site after such changes will be deemed an acceptance of those changes. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound.

Engage Telehealth Advisory Group uses Google Analytics, a third-party tracking service, which uses cookies to track non-personal identifiable information about our visitors to our main site in the aggregate to capture usage and volume statistics. Engage Telehealth Advisory Group has no access to or control over these cookies. The companion Privacy Policy covers the use of cookies by Engage Telehealth Advisory Group only and does not cover the use of cookies by any third-party.

​

                      9.7        Communication Preferences.

We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.