Please read these terms and conditions related to your use of the Nirvor.com services and website carefully. ConstantMD provides the Nirvor.com services to you subject to the following terms and conditions. If you visit or utilize Nirvor.com website, or purchase services or products from Nirvor.com website, you accept these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, please do not use or access this Portal.
Definitions“Nirvor.com” consists of
“Client” means each person who establishes or attempts to establish access to and use of ConstantMD services, including those that do not require registration.
“You” and “your” refers to Client(s), as defined above.
“Portal” means the Nirvor.com website, ConstantMD.com.
Purposes of ConstantMD and Medical Disclaimer
The contents of the Portal, including links to outside websites and other material are to be sued for informational purposes only. The Portal provides information, content, products, and services to assist Clients in their efforts to manage their health-related information and records, communicate with their designated health care providers, and learn about health care providers. Nothing stated or presented on the Portal is intended to be a substitute for professional medical advice, diagnosis, or treatment. ConstantMD is not a medical organization and its employees and independent contractors cannot give medical advice or diagnoses. The information presented on the Portal or as a consequence of any contact with Nirvor.com or ConstantMD is in no way intended as medical advice or as a substitute for medical treatment. You should use this information only under the guidance and care of your physician.
You are responsible for the accuracy and completeness of the medical and health information you input or uphold to your ConstantMD chart. ConstantMD will not review your information to ensure it is complete, accurate, or correct. ConstantMD will not review any data added to your chart by your provider. ConstantMD will not take any action related to the information in your chart; if you wish your provider to view, advise, or otherwise take action based on the information in your chart, you must notify your provider.
Under all circumstances, you should consult your physician before beginning any program based on contact with Nirvor.com or ConstantMD. Your physician can consider any medications you are taking, conditions you may have, and perform laboratory tests to allow for proper follow-up and an individualized plan of care.
Information and reports provided by ConstantMD should not be interpreted as a substitute for physician consultation, evaluation, or treatment. Always seek the advice of your physician or other qualified health care provider if you have any questions regarding a medical condition and any matter related to your health, wellness, or well-being.
ConstantMD is in no way responsible for the advice or information given to you by your designated healthcare provider(s), or any decision made by your health care provider(s), as a result of information you input or upload to your ConstantMD chart or communicate via ConstantMD’s secure messaging system. ConstantMD clients should reconfirm the health data at the ConstantMD Portal with their provider before either party takes any action on this data.
You are individually and solely responsible for responding appropriately to the advice, information, and decisions made by your health care provider(s) related to information you include in your ConstantMD chart or communicate via ConstantMD’s secure messaging system.
ConstantMD’s provision of information regarding health care providers through its Appointment Finder service or Provider Information webpage does not constitute a referral or recommendation that any individual seek any particular care from any particular provider. If you decide to use any providers listed in the ConstantMD Portal, you should do your personal research on the provider before proceeding to contact him or her.
ConstantMD does not make any representation regarding the licensure, fitness for duty, or competence of any health care provider included in the ConstantMD Appointment Finder service or Provider Information webpage. Similary, ConstantMD makes no such representations regarding the providers individual clients may designate as their Monitoring Providers or to whom individual clients grant access to their ConstantMD charts.
Client understands and agrees that ConstantMD services are intended to help Client manage chronic health or medical issues and that such services are not intended to address Client’s acute medical issues. If Client wishes to receive advice or treatment regarding acute medical issues, he/she must contact his/her physician, call 911, or go to the emergency room. Client agrees not to send any message or information via the ConstantMD secure messaging center that requires immediate attention.
License and Portal Access
ConstantMD grants you a limited license to access and make personal use of the ConstantMD Portal. You may not download (other than page caching) or modify the Portal, or any portion of it, without the express written consent of ConstantMD. This license does not include any resale or commercial use of the Portal or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Portal or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Portal or any portion of the Portal may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of ConstantMD. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ConstantMD without express written consent from ConstantMD. You amy not use any metatags or any other hidden text utilizing ConstantMD’s or ConstantMD’s name or trademarks without the express written consent of ConstantMD. Any unauthorized use terminates the permission or license granted by ConstantMD. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to ConstantMD’s homepage so long as the link does not portray ConstantMD, ConstantMD, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Nirvor.com or ConstantMD logos or other proprietary graphic or trademark as part of the link without express written permission.
If you use the Portal, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. ConstantMD and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Security and Integrity of the ConstantMD Portal
Clients are prohibited from violating or attempting to violate the security of the Portal, including, without limitation:
When you visit our website or send emails to Nirvor.com or ConstantMD, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you via email or by sending messages through the Portal’s secure messaging system. You understand that you must log in to ConstantMD.com to retrieve your messages from the Portal. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Exclusive Service Format
Client understands and accepts that, with the exception of the ConstantMD Reminder Service, all ConstantMD services are delivered through the Portal. Client agrees not to use any alternative technology platforms for ConstantMD services other than that provided, controlled, and authorized by ConstantMD.
ConstantMD Software, Client Hardware
ConstantMD provides Client with software enabling Client to utilize ConstantMD’sPersonal Medical Application Portal, video conferencing service, and a payment system. Client provides his or her own computer or mobile device, an internet connection, and installs ConstantMD’s client software from the link provided, at Client’s sole expense.
Communication Between Clients and ConstantMD Management
Client agrees to communicate with ConstantMD management by directing correspondence to email@example.com or by using the Portal’s messaging system after logging into the Portal. Client agrees not to use any manager or staff member’s personal email address to communicate with such individuals regarding ConstantMD services.
If Client is dissatisfied with ConstantMD’s services, Client should notify ConstantMD immediately though the Portal’s messaging system. ConstantMD will make reasonable efforts to resolve the issue in a satisfactory manner.
If Client is dissatisfied with his/her health care provider’s services or communications sent via the Portal, Client should address this with his/her provider. As noted above, ConstantMD has no control over and accepts no responsibility for health care providers’ actions with regard to ConstantMD services.
Client and Designated Health Care Provider Behavior
Client and the health care provider(s) Client designates to be able to access Client’s file and communicate with Client via the Portal’s messaging center are expected to treat each other with respect.
ConstantMD does not seek to monitor Client’s relationship with Client’s designated health care provider(s) (“provider”). However, if Client believes his/her provider is utilizing ConstantMD services improperly, Client should contact ConstantMD management through the Portal’s messaging center. ConstantMD will make reasonable efforts to resolve the issue in a satisfactory manner without undue intrusion into the provider-patient relationship. This may include terminating the provider’s participation in ConstantMD services.
If ConstantMD management receives a report from a provider regarding inappropriate use by Client of ConstantMD’s services, ConstantMD will investigate the matter and take appropriate steps to resolve it. This may include terminating Client’s account with ConstantMD.
Disclaimers and Limitations on Liability
Clients and all visitors of the Portal expressly agree that use of the Portal is at the Client's or visitor’s sole risk. Neither ConstantMD nor its affiliates or subsidiaries, officers, directors, employees, representatives, or agents (collectively “ConstantMD”) warrant that the Portal will be uninterrupted or error-free; nor do they warrant or make any representation regarding the use of the information provided on the Portal or the results that may be obtained from the use of the information provided on the Portal, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through the Portal.
ConstantMD does not guarantee or warranty that Client will achieve benefit from the Portal or Services. We cannot guarantee that Client’s experience or results with ConstantMD’s program will be positive or will meet Client’s expectations. ConstantMD makes no representation whatsoever as to the effect of utilization of its Portal or Services on Client’s health or wellbeing.
ConstantMD does not endorse, recommend, or sponsor and is not affiliated with any individuals or entities listed or linked to on the Portal unless that fact is expressly stated. The listing of any individual or entity does not constitute a medical referral of any kind. Clients are advised to exercise their own further informed review, judgment and evaluation in the selection of any and all medical professionals and health information.
>The Portal is provided by ConstantMD on an “as is” and “as available” basis. ConstantMD makes no representations or warranties of any kind, express or implied, as to the operation of the Portal or the information, content, materials, products or individuals included or listed on the Portal. To the fullest extent permissible by applicable law, ConstantMD disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Under no circumstances shall ConstantMD or providers be liable to you or any third-party for any indirect, consequential, incidental, special or punitive damages, including but not limited to lost profits and business interruption, whether in contract or in tort, including negligence, arising in any way from any product or service sold or provided on the Portal or the use of the information or the results of the use of the information provided on the Portal, even if ConstantMD is expressly advised of the possibility of such damages. In no event shall ConstantMD’s liability exceed the price you paid for a product or service that is the subject of the claim. No oral advice or written information given by ConstantMD, ConstantMD, providers or the like, shall create a warranty; nor shall client rely on any such information or advice.
Under no circumstances shall ConstantMD or any other party involved in creating, producing, or distributing the Portal be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Portal, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communication failures, theft, destruction, or unauthorized access to this Portal's records, programs, or services. Client acknowledges that this paragraph shall apply to all content, merchandise, and services available through the Portal. In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.
Third Party Content
This Portal contains information, data, software, photographs, graphs, videos, typefaces, graphics, audio, and other material (collectively “Content”). In the Content supplied by Clients or third parties, ConstantMD is a distributor and not a publisher. ConstantMD has no more editorial control over such third-party or Client Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties and not by ConstantMD are those of the respective authors or distributors and not of ConstantMD. Neither ConstantMD nor any third party, including any Client or user of this Portal, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through this Portal represents the opinions and judgments under the respective Clients or others not under contract with ConstantMD. ConstantMD neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on this Portal by anyone other than authorized ConstantMD employees. Under no circumstances shall ConstantMD be liable for any loss, damage, or harm caused by a Client’s reliance on information obtained through this Portal. It is the responsibility of Client to evaluate the information, opinions, advice, or other Content available through this Portal.
Links to Other Sites
This Portal may reference or link to third-party sites. ConstantMD has no control over these sites or the content within them. ConstantMD cannot and does not guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. ConstantMD does not endorse the content of any third-party site, nor do we warrant that such sites will not contain viruses or otherwise impact your computer. ConstantMD does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use. By using the ConstantMD Portal to search for or link to another site, you agree and understand that you may not make any claim against ConstantMD for any damages or losses, whatsoever, resulting from your use of this Portal to obtain search results or to link to another site.
Client agrees to use the Portal only for lawful purposes. Client is prohibited from posting on or transmitting through this Portal, whether in written messages or via other means, any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.
If ConstantMD is notified of allegedly infringing, defamatory, damaging, illegal, or offensive content provided by Client, ConstantMD may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from the Portal. ConstantMD may disclose any content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Portal; or (iii) to protect the rights or property of ConstantMD, its Clients or Providers.
ConstantMD reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual Clients, this Portal, or any rights of ConstantMD or any third party, or to violate any applicable law. Notwithstanding the foregoing, ConstantMD cannot ensure prompt removal of questionable content after online posting. Accordingly ConstantMD shall not assume liability for any action or inaction with respect to conduct, communication, or content on this Website.
Fees and Payment Policies
Client agrees to pay by credit card the amounts set forth in the online subscription form (“fees”) for ConstantMD services. Client will pay all fees incurred through Client’s account at the rates in effect for the billing period in which fees are incurred. Client will pay all applicable sales and use taxes. Client’s credit card will be charged every three (3) months unless the ConstantMD service is cancelled.
Cancellation or Termination of Client Account or Client Access
Client may cancel his/her ConstantMD subscription at any time by sending an email to firstname.lastname@example.org. Cancellation will take effect at the end of the current subscription month. Thus, for example, if Client’s subscription month begins on the 1st of the month and Client sends a cancellation request on the 15th, Client’s cancellation will take effect on the 30th; after the 30th, Client will no longer be charged for services.
ConstantMD reserves the right, in its sole discretion and without liability to Client, to change, suspend, or terminate access to all or part of the Portal, or to discontinue any aspect of the Portal, with or without cause, and with or without notice. If ConstantMD terminates Client’s use of the Portal or Services, Client will not be entitled to any refund of fees.
Credit card fraud: Client warrants that the credit card on file is one they have the right to use for this purpose and that Client is the person he or she claims to be. Credit card fraud will be reported to the credit card processor and to the police, in which case Client acknowledges that Client’s identity will be disclosed.
All refunds are made at the sole discretion of ConstantMD’s corporate management.
Requests for refunds will be investigated promptly. A Client who requests a refund will receive a written response at his or her email address on file within five (5) business days. Client will provide sufficient information to enable ConstantMD management to adequately investigate the issue.
Client agrees to request any refunds directly from ConstantMD first, and only request a refund from the credit card processor (PayPal) if the Client, after giving ConstantMD at least five (5) business days to investigate and resolve the issue, remains dissatisfied.
Refunds will be credited to Client’s credit card. ConstantMD does not issue cash refunds. Refunds will be issued within ten (10) business days following the conclusion of ConstantMD’s investigation of the underlying issue.
All materials and content contained in the Portal (including but not limited to the text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software), and the Website itself, are copyrighted materials belonging exclusively to ConstantMD or its content suppliers and are protected by United States and international copyright law. ConstantMD enforces its copyright interests to the fullest extent permitted under the law, and shall seek civil and criminal remedies where appropriate, including the remedies provided for under sections 501 et seq. of Title 17 of the U.S. Code. All rights are reserved.
The ConstantMD logo, ConstantMD logo, and other marks indicated on this Portal are the exclusive property and trademarks of ConstantMD. ConstantMD reserves all rights. All other trademarks not owned by ConstantMD, Inc. that appear on this Portal are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ConstantMD, including all rights applicable under the U.S. and international trademark laws, including, without limitation Section 1125 of Title 15 of the U.S. Code (Lanham Act Sec. 43). All other trademarks not owned by ConstantMD that appear on this Portal are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Nirvor.com or ConstantMD.
You agree to defend, indemnify, and hold ConstantMD and its Independent Contractors harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions. You further agree to indemnify, hold harmless and, at ConstantMD’s option, defend ConstantMD and all affiliates, and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from your improper use of the ConstantMD website, any products or offerings obtained through the ConstantMD website.
This Portal is created and controlled by ConstantMD in the State of California. As such, the laws of the State of California will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws.
ConstantMD reserves the right in its sole discretion to make changes to its Portal and these disclaimers, terms and conditions at any time, including changing, adding, or removing portions of these agreements. Any revisions will be posted at least 10 days prior to its effective date. You should check these terms periodically for changes. After you use the website following posted changes, you agree to accept those changes, whether or not you reviewed them.
Client hereby irrevocably and unconditionally consents to submit to the jurisdiction of the State of California, and specifically of those courts located in Riverside County, for any litigation arising out of or relating to use of or purchase made through this Portal (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the California courts and agrees not to plead or claim in any California court that such litigation brought therein has been brought in an inconvenient forum.
Modification and Severability
ConstantMD reserves the right to make changes to our Portal, policies, and these Terms and Conditions at any time, effective immediately upon the posting on this Portal. Please check this page of the Portal periodically. If any of these terms and conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
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