Terms & Conditions of Use

IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY SEEK MEDICAL ATTENTION FROM YOUR LOCAL EMERGENCY HEALTH SERVICES PROVIDER OR CALL 911 OR YOUR OWN LOCAL EMERGENCY NUMBER.

We hope you enjoy using Qvidity. It is important that you read and understand the following Terms and Conditions before we answer your questions:

1. This is a Legal Agreement.

This Agreement tells you the Terms and Conditions under which you agree to view the materials

on the Qvidity Website and exchange communications with Qvidity third-party professionals. This Terms and Conditions of Use Agreement (“Agreement”) is a legal agreement between you and Qvidity, LLC (“Qvidity,” “we,” or “us”) regarding your contact with, access to, and use of Qvidity.com (“Qvidity.com” or “the Website”) and information provided by Qvidity. By using this Website, you agree to be bound by this Agreement. You also agree that you have been provided with a Notice of Privacy Practices from your provider and that you agree to the terms stated therein. You acknowledge that you are 18 years of age or older. A parent or guardian must agree to these Terms and Conditions personally and on behalf of any individual using this website who is under 18 years of age.

2. We are not your doctor and we do not provide medical advice or treatment.

We are not a medical provider. Qvidity is a software platform which you and your provider can utilize if it is appropriate to assist with your medical care. Please note that we are not in the business of providing any medical care, diagnosis, treatment or advice, and you will have to either seek that from your physician through telemedicine or schedule an in-person consultation with a doctor, hospital, or other qualified healthcare provider. You should make any medical decision only after consulting with a physician or other qualified healthcare provider licensed to provide medical diagnosis, treatment, care, or advice in your jurisdiction. We are not such a provider. We are not “your doctor.” When we say, “your doctor,” we mean a physician that provides you with medical diagnosis, treatment, care, or advice in your jurisdiction. Qvidity is a software program that can be a tool in your health care, but it does not provide any health care to you. You should always seek medical advice, diagnosis, treatment, or care from your doctor or another licensed physician or other properly qualified healthcare provider in your jurisdiction or region apart from and in addition to any information provided on Qvidity.com. You must never disregard professional medical advice or delay seeking such advice from a qualified physician or other local healthcare provider because of information provided by Qvidity.com. Always consult a physician or other qualified healthcare provider before beginning a new course of treatment, prescription, diet, or fitness program.

3. The Scope of the Services We Will Provide.

Qvidity provides a platform for you to seek information and answers to questions from third-party professionals. The third-party professionals are not employees of Qvidity. The statements, opinions, answers, and information provided by the third-party professionals are solely the individual and independent views of the individual professional and are not those of Qvidity. Qvidity does not recommend or endorse any particular course of treatment, test, prescription, procedure, or opinion that may be mentioned through Qvidity. The statements of the third party professionals are not the statements of any organization such as a hospital or university with which the professional may be affiliated. While Qvidity connects you with third-party professionals to provide you with answers and information, the inclusion of a particular professional on Qvidity does not imply that Qvidity recommends or endorses that individual professional. Qvidity does not warranty the credentials of any of its included third-party physicians to the public, and connects you with them on an “as-is” basis at your own risk.

QVIDITY AND OUR PROFESSIONALS WILL NOT BE RESPONSIBLE FOR ANY MEDICAL, FINANCIAL, OR LEGAL EVENTS OR OUTCOMES RELATED TO THE INFORMATION OR SERVICES PROVIDED BY OUR WEBSITE OR BY PROFESSIONALS THROUGH OUR WEBSITE. INFORMATION AND SERVICES PROVIDED BY QVIDITY ARE PROVIDED “AS IS” AND MAY BE USED BY YOU ONLY AT YOUR OWN RISK.

You agree that Qvidity does not guarantee the information provided to you through Qvidity and Qvidity is not providing any advice regarding the appropriate course of treatment for your particular health problem and you will rely only on consultation with your medical provider. You also agree to seek immediate medical attention from your doctor or another licensed healthcare provider if your signs or symptoms change or worsen.

You agree that any information or services you obtain will be for personal use only. Qvidity is a service for individuals and you may not use Qvidity for commercial purposes.

Qvidity and the information we provide may not be used for any illegal purpose. You may not attempt to gain unauthorized access to Qvidity, its network, computers, or other user accounts. Unauthorized access includes but shall not be limited to using another individual’s login credentials to access his or her Qvidity account or other information. You may not access our networks, computers, or the information provided in any manner that could damage, disable, overburden, or impair them, or interfere with any other person’s use and enjoyment of Qvidity. You may not use any automated means (such as a scraper) to access Qvidity for any purpose.

4. Your User Account and the Information You Provide.

When you utilize Qvidity, you will create a user account based on a username and password. You will provide us with personal information in order to create your account. You agree that if you are registering an account on behalf of an individual or an entity other than yourself, you hereby represent that you are authorized to create such an account and provide us with the required information. You agree that any information you provide to us will be true and accurate. You agree that you will update the information if at any time it has become inaccurate. You understand that Qvidity does not normally verify the truthfulness of the information you submit, and you agree that Qvidity may rely on the information you provide.

You will also provide us with other personal and health information in order for us to answer your questions. You agree that Qvidity may maintain, delete, or destroy all communications or materials you provide to us according to our internal record retention and document destruction policies. You also agree to all of the terms laid out in the Notice of Privacy Practices, which is incorporated herein by this reference.

You understand and agree that you are responsible for all activities using your user account. You agree that you are responsible for maintaining the confidentiality of the password you use to access your account. You agree to notify Qvidity immediately if any unauthorized use of your password or account or any other breach of security occurs. You agree that you will exit your account at the end of each session to maintain security. You agree Qvidity will not be liable for your failure to protect your password or account information.

5. We Make No Warranties.

You agree that your access to and use of Qvidity and the information we or our third-party professionals provide is entirely at your own risk.

QVIDITY.COM AND ANY INFORMATION WE PROVIDE ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR PROMISES REGARDING QVIDITY.COM. You agree to waive any express or implied warranties, including, but not limited to, the following: i) the information provided on or made available through Qvidity or any items you purchase through the Website or as a result of contact with the Website will be of merchantable quality or fit for a particular purpose or both, ii) the Website or information provided on the Website will be accurate, complete, current, reliable, timely or suitable for any particular purpose; iii) that operation of the Website will be error-free; iv) that defects or errors in the Website will be corrected; v) that the Website will be free from viruses, malware, or other harmful components; and vi) that communications to or from Qvidity will be secure.

6. You Agree to Protect Our Private Information.

You agree that any information provided by Qvidity, including but not limited to answers to questions, any other medical or health related information, electric or printed media, software, or other information, contain copyrighted material, trade secrets, and other proprietary intellectual property are the proprietary property of Qvidity. They are protected by copyright, trade secret and other laws, and they may only be used or accessed as specifically provided by this Agreement.

You agree that you are granted a revocable, non-exclusive and non-transferable license to use Qvidity and the information Qvidity provides for personal, non-commercial purposes, subject to this Agreement and Qvidity’s separate Privacy Policy, linked above.

Qvidity retains all intellectual property rights and interests pertaining to Qvidity.com, information provided by Qvidity or Qvidity professionals, and any content, products, documentation, software, or other materials on the Qvidity Website, along with any copyright, trademark, service mark, or other intellectual property or proprietary right. Qvidity’s retention of these rights does not include any rights in your medical records or personal information.

You agree that you will not store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse-engineer, or otherwise attempt to discover any programming code or any source code used in or with Qvidity.com. You agree you will not transfer any right in any of Qvidity’s intellectual property, create derivative works based on such property, or otherwise commercially exploit the property in whole or in part. You agree that any violation of Qvidity’s intellectual property rights may make you subject to liability to Qvidity, and potential to the criminal laws of South Dakota, the United States, or both.

7. You Agree to Limit Qvidity’s Liability.

YOU AGREE THAT QVIDITY, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS WILL IN NO EVENT BE LIABLE FOR DAMAGES OF ANY KIND, including, but not to be limited to, any direct, special, indirect, punitive, incidental or consequential damages, any loss or damages in the nature of or relating to lost business, medical injury, personal injury, wrongful death, improper diagnosis, inaccurate information, improper treatment, or any other loss incurred in connection with any information provided by Qvidity and your use, misuse, or reliance upon the information or services provided by Qvidity and Qvidity.com, regardless of the cause and whether arising in contract, tort, or any other cause of action, even if Qvidity, its owners, officers, directors, employees, or agents knew or should have known of the possibility of such damages.

8. You Agree that Qvidity is Not Liable for Actions of Third Parties.

Qvidity, its owners, officers, directors, employees, and agents expressly disclaim any and all liability for the acts, omissions, and conduct of any third-party professional, user, advertiser, or sponsor of Qvidity.com. Qvidity, its owners, officers, directors, employees, and agents and their respective successors and assigns under no circumstances shall be liable for any injury, loss, damage, or expense arising in any manner whatsoever from the acts omissions, or conduct of a third-party professional, any access use, reliance upon or inability to use any materials, content, goods, or services located at or made available at any website linked to or from the Website, regardless of the cause and whether arising in contract, tort, or otherwise, even if Qvidity, its owners, officers, directors, employees, or agents knew or should have known of the possibility of such damages.

9. You Agree to Indemnify Qvidity.

You agree to indemnify, defend and hold harmless the Owner and its physicians, officers, directors, employees, agents, licensors, and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, but not to be limited to, legal fees and disbursements resulting directly or indirectly from: i) your breach of the terms and conditions of this Agreement; ii) your use or reliance upon Qvidity.com or any information provided by Qvidity or its third party professionals, including but not limited to your communication of such information; or iii) your use of any website linked to Qvidity.com.

10. We may modify this agreement.

You understand and agree that we may modify these Terms and Conditions at any time without notice. While Qvidity will endeavor to inform customers when a change to these terms occurs, you are responsible to read these Terms and Conditions and update yourself on any changes. Any revised Agreement will be effective and binding upon customers immediately upon posting on Qvidity.com.

11. We may terminate your right to use Qvidity.

Qvidity may, in its sole discretion, cancel or terminate your right to use Qvidity.com or any part if the Website at any time without notice. In the event of termination, you are no longer authorized to access the Website or that part of the Website affected by such cancellation or termination. The restrictions imposed on you with respect to information downloaded from the Website and the disclaimers and limitations set forth in this Agreement shall survive termination of this Agreement. You understand and agree Qvidity shall not be liable to anyone for such termination.

12. You Agree to the Governing Law and Jurisdiction.

Qvidity.com is operated from its offices located in Sioux Falls, South Dakota, United States. You agree that all matters relating to your use of Qvidity.com and Qvidity services shall be governed by the laws of the State of South Dakota, United States, and the Federal laws of the United States applicable therein, without regard to principles of conflict of law. You agree and hereby submit to the exclusive jurisdiction of the courts located in Minnehaha County, South Dakota, United States with respect to all matters relating to your use of Qvidity.com, this Agreement, and any dispute that may arise therefrom.

13. Notice

We may provide you notice by e-mail to the e-mail address that you provide to us when you register or submit at question at Qvidity.com. You agree that you will inform us if you change your e-mail address to which we may provide you with notice. You may provide notice to us at (800) 336-3503.

We may provide notice of changes to this Agreement by posting a new Agreement under the Terms & Conditions section of the Qvidity Website.

14. You Agree to Any Future Assignment of this Agreement.

You understand and agree Qvidity may transfer or assign this Agreement at any time to anyone, including a parent, subsidiary, affiliated company, or as part of a merger with or a sale to a third-party. You agree that you may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.

15. You Agree to Limitation of Waiver for Qvidity.

Any waiver of any provision of this Agreement by Qvidity shall not constitute a waiver of any other provision of this Agreement or consent to any other breach of this Agreement or a waiver of the protection of any other applicable law.

16. These Terms and Conditions are Subject to Severability.

Should any provision of this Agreement be determined invalid or unenforceable, such a determination shall not affect the validity or enforceability of any other provision contained in this Agreement, and any invalid or unenforceable provision shall be deemed severable from rest of this Agreement.

17. This is the Entire Agreement.

This is the entire agreement between you and Qvidity regarding your access to and use of Qvidity.com and information provided by Qvidity. This Agreement may not be modified except in writing.

This policy was last updated on June 1, 2017.