TripMedRx Terms of Use

Last Updated: 06-20-2023

These Terms of Use (“Terms of Use”) govern your use of TripMedRx’s website located at https://www.tripmedrx.com, its subdomains and components, as well as content, features, and materials appearing on such website (together with any successor site, the “Site”), as well as the clinical and non-clinical services provided by TripMedRx that are publicized and made available through the Site (the “Services”).

TripMedRx may be referred to throughout these Terms of Use as “us”, “ours”, or “we”. For purposes of these Terms of Use, “you” and “your” means you as the user of the Site.

IF YOU HAVE A MEDICAL EMERGENCY, SEEK IN-PERSON EMERGENCY CARE IMMEDIATELY OR DIAL 911. THE SERVICES ARE NOT APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS.

By using the Site, you accept all of the provisions of these Terms of Use and represent to us that you are at least 18 years of age and legally competent to enter into and agree to these Terms of Use. The Site is not designed or intended to appeal to minors and we do not knowingly collect information from children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at rachel@tripmedrx.com so we can promptly delete that information.

The Site is intended to be accessed only by individuals who reside in the United States. If you reside outside the United States. Use of the Site is subject to US law. Additionally, certain services available through the Site may only be provided to residents of certain states where TripMedRx staff are licensed to provide them. See additional information on the site to learn which states services are available in. While we intend to undertake reasonable efforts to verify your geographic location and state of residence, you are solely responsible for the information that you provide to us that allows us to determine whether or not you are eligible to receive geo-restricted services.

All users of our Site must accept and comply with the terms and conditions set forth in these Terms of Use. If you have any questions regarding these Terms of Use, please contact us via email at rachel@tripmedrx.com.

THESE TERMS OF USE INCLUDE (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; AND (3) A RELEASE BY YOU OF CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF THE SITE AND/OR THE SERVICES. BY USING THE SITE, YOU AGREE TO THESE PROVISIONS.

CHANGES TO THESE TERMS.

We reserve the right to modify the Terms of Use at any time in our sole discretion by including such alteration and/or modification in these Terms of Use, along with a notice of the effective date of such modified Terms of Use. Any continued use by you of the Site after the posting of such modified Terms of Use shall be deemed to indicate your agreement to such modified Terms of Use. Accordingly, if at any time you do not agree to be subject to any modified Terms of Use, you may no longer use the Site.

These Terms of Use will remain in full force and effect as long as you continue to access the Site or use the Services. You may terminate the Terms of Use at any time by discontinuing use of the Site or Services. Your permission to use the Site or Services automatically terminates if you violate these Terms of Use.

We may terminate or suspend any of the rights granted by these Terms of Use and your access to and use of the Site or Services, or the Site or Services generally, with or without prior notice, for any reason, and at any time, including for violations of these Terms of Use. We are under no obligation to continue providing the Site or Services.

TERMS APPLICABLE TO THE SITE

User Responsibilities. You agree that: (i) you will not use the Site if you are not fully able and legally competent to agree to these Terms of Use; (ii) you will only use the Site for lawful purposes; (iii) you will not use the Site for fraudulent purposes or to engage in any illegal, offensive, indecent or objectionable conduct; (iv) you will not impair the proper operation of the Site; (v) you will not try to harm the Site in any way whatsoever; (vi) you will not copy, or distribute the Site or other content without written permission from us.

Restrictions on Use. You agree that you will not use the Site, or any proprietary content, information, or other materials published on the Site, except as authorized in writing by us. You agree that you will not directly or indirectly: (i) copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the Site, in whole or in part, or any updates to the Site in any form or manner or by any means; (ii) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer any part of the Site, or harvest or scrape any content or data from the Site, (iii) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the Site or materials received through the Services, (iv) otherwise circumvent or attempt to circumvent any functionality that controls access to or otherwise protects the Site; or (v) permit any third party to engage in any of the acts described in clauses (i) thru (iv). Any attempt to do any of the foregoing is a violation of our rights. If you breach these restrictions, you may be subject to prosecution and damages.

Copyright and DMCA Compliance. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send us a written notice by mail or by e-mail requesting that we remove such material or block access to it. If you believe in good faith that someone has wrongly submitted a notice of copyright infringement to us involving content that you made available through the Site, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. We will respond to any notice received in accordance with applicable law.

We, and our licensors, reserve the right to change, suspend, remove, or disable access to the Site at any time without notice. In no event will we be liable for the removal of or disabling of access to any such Site. We may also impose limits on the use of or access to the Site, in any case and without notice or liability.

Third-Party Materials. The Site may display, include, or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third-party web sites. By using the Site, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you.

NATURE OF THE SERVICES

Overview of the Services. The Services may include (i) providing you with information on health care, wellness and travel support for educational purposes, either through personal interactions or through content published on the Site (the “Non-Medical Offerings”), or (ii) the limited delivery of health care services related to assessing and advising you on your physical readiness for international travel using electronic communications, information technology, or other means between a health care provider and a patient who are not in the same physical location (the “Travel Medicine Offerings”).

Non-Medical Offerings; Disclaimer of Medical Advice. The content available through the Site, as well as any Services made available through the Site categorized as Non-Medical Offerings, are for informational, personal and educational purposes only, and is not a substitute for the professional judgment of a qualified healthcare professional in diagnosing and treating patients. Under no circumstances is any Non-Medical Offering intended to provide medical advice, nor does your use of any Non-Medical Offering, even if the Non-Medical Offering involves a direct interaction between you and us, establish a provider-patient relationship.

Travel Medicine Offerings; Limited Scope of Services. The scope of the Travel Medicine Offerings are limited to a consultation and review of your medical information to advise you on travel best practices based on your specific destinations, itinerary, methods of travel, current physical condition, and other factors. Any provider-patient relationship formed between you and us is limited solely to the Travel Medicine Offering, and does not create any obligation that we engage in an ongoing provider-patient relationship with you, even if you choose to engage us for multiple consultations, either ad-hoc, or through a retainer or subscription plan made available through the Site. You expressly agree that we are under no obligation to follow up, review additional records, or provide additional services outside of or following the completion of the Travel Medicine Offering.

The Travel Medicine Offerings are only available in certain states where our staff is licensed to practice medicine, listed on the Site. By using the Travel Medicine Offerings, you are representing to us that you are a permanent resident of a state where we provide the Travel Medicine Offerings.

Retainer Consults. As a convenience to our users, we offer “Retainer Consults” through our website that allow you to pre-pay for a set number of consults in advance for longer trips covering multiple destinations, or destinations that may not be known or set in advance. While the Retainer Consult represents a reservation for a certain amount of our time, it is not intended to create an ongoing provider-patient relationship with you, or create any obligation to provide you with medical services outside of the individual consults that make up the Retainer Consult. The scope of the Travel Medicine Offerings included in a Retainer Consult are in all ways the same as the other Travel Medicine Offerings provided through the site, and are limited to a consultation and review of your medical information to advise you on travel best practices based on your specific destinations, itinerary, methods of travel, current physical condition, and other factors. Any provider-patient relationship formed between you and us is limited solely to the Travel Medicine Offering, and does not create any obligation that we engage in an ongoing provider-patient relationship with you. You expressly agree that we are under no obligation to follow up, review additional records, or provide additional services outside of or following the completion of the Retainer Consult.

Terms of Sale

The Services are subject to availability and we reserve the right to impose quantity limits on any order or reject all or any attempt to sign up for the Services without prior notice. In the event of an error, we reserve the right to correct the error (which includes charging the correct price) or to cancel the order and refund any amount charged. Prices for the Services are subject to change at any time. You are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees (“Taxes”) due with respect to your purchase of the Services. If we determine that we have a duty to collect Taxes, we will present an estimate of Taxes we collect at checkout. You may have a duty to directly report and pay Taxes if we do not collect such Taxes.

Only valid payment methods acceptable to us may be used to complete a purchase of the Services. You represent that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your order. If your designated payment method is declined, we will attempt to process your charge until the transaction is approved. We and our third-party payment service providers may request, and may receive, updated payment card information from your payment card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, you agree we may update your account information accordingly. We are not responsible for any fees or charges that your bank or payment card issuer may apply. If your bank or card issuer reverses a charge to your payment card, we may bill your account directly and seek payment by another method including a mailed statement.

Collection and Use of Data

As you use the Site, we will gather and use information about you for a variety of lawful purposes, including to provide, support and improve Site, to integrate it with third-party service providers, and to create anonymized data that may be used for lawful business purposes. Our collection and use of data through the Site is governed by, and described in more detail in our Privacy Notice. By using the Site, you agree that data about you may be used in accordance with our Privacy Notice.

Ownership

The Site and its content, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under intellectual property, copyright, trademark and other laws. You agree that we and/or our licensors own all right, title and interest in and to the Site (including without limitation any and all patent, copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property rights in the Site or related to the Site) and you agree not to take any action(s) inconsistent with such ownership interests. You do not acquire any rights or licenses under any of our (or our licensors’) patents, patent applications, copyrights, trade secrets, trademarks or other intellectual property rights on account of these Terms of Use.

Any and all (i) suggestions for correction, change and modification to the Site and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to us by you (collectively “Feedback”), and all (ii) improvements, updates, modifications or enhancements, whether made, created or developed by us or otherwise relating to the Site and/or Service (collectively, “Revisions”), are and will remain our property. You agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Site or in any such Feedback or Revisions. You agree to assign to us any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions.

Disclaimer of Warranties & Limitation of Liability

YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY MATERIALS) ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE AND THE SITE (INCLUDING THE USE, PERFORMANCE AND SUPPORT OF THE SITE), EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTERFERENCE WITH ENJOYMENT, COMPLETENESS, INTEGRATION, FREEDOM FROM DEFECTS OR DISABLING DEVICES, THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR VIRUS-OR ERROR-FREE, AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE.

TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE (I) FOR DAMAGES OF ANY KIND, INCLUDING INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OF USE OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICE OR THE SITE OR THESE TERMS OF USE AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (II) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE GIVING RISE TO SUCH ACTION OCCURRED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.

By entering into these Terms of Use and using the Service, you agree that you shall defend, indemnify and hold us, our licensors and their respective parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these Terms of Use or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your use of the Site or Services; or (d) your negligence or willful misconduct.

ARBITRATION AND CLASS ACTION WAIVER

This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a Class Action or other representative proceeding). Please read it carefully.

Informal Process First. You agree that in the event of any dispute between you and us, you will first contact us and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.

Arbitration Agreement. Under these Terms, you agree that any dispute, claim, or controversy arising out of or relating to these Terms of Use shall be resolved by confidential binding arbitration administered by Judicial Arbitration and Mediation Services (“JAMS”) in Sacramento, CA, or another forum mutually agreed upon by you and us. The arbitration will be conducted according to the JAMS Expedited Procedures for arbitration by a single arbitrator nominated jointly by you and us. If JAMS is not hearing consumer commercial disputes at the time, we may select another arbitral body at its sole discretion. The arbitrator's award will be binding and may be entered as a judgment in a court of competent jurisdiction. This clause shall not preclude us from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction, or to seek injunctive relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our copyrights, trademarks, trade secrets, or patents. This arbitration agreement does not (a) govern any Claim by us for infringement of our intellectual property or access to the Site that is unauthorized or exceeds authorization granted in these Terms of Use or (b) bar you from making use of applicable small claims court procedures in appropriate cases.

You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a Class Action. This arbitration provision will survive any termination of these Terms of Use.

Class Action Waiver

Any Claim must be brought in the respective party’s individual capacity, and not as a participant or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.

If this Class Action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and us each waive any right to a jury trial.

GENERAL PROVISIONS

We reserve the right to monitor use of the Site, and to investigate and take appropriate legal action against any party that uses the Site in violation of these Terms of Use or applicable law. We reserve the right to accept, reject or modify any content posted to the Site, but assume no liability based on its acceptance, rejection, modification or failure to modify any such content.

Injunctive Relief. You agree that a breach of these Terms of Use will cause irreparable injury to us for which monetary damages would not be an adequate remedy and we will be entitled to equitable relief in addition to any other remedies available to us under these Terms of Use, or at law without a bond, other security or proof of damages.

Miscellaneous. These Terms of Use constitute the entire agreement between you and us regarding your use of the Site. If any term or provision of these Terms of Use is found to be invalid, illegal or otherwise unenforceable, such a finding will not affect the other terms or provisions of these Terms of use, or the Terms of Use as a whole, but such a term or provision will be deemed modified to the extent necessary to render such a term or provision enforceable, and the rights and obligations of you and us will be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in these Terms of Use. Your obligations pursuant to these Terms of Use will survive termination of your use of the Site. The JAMS Rules and the laws of the Sacramento, CA, excluding its conflicts of law rules, govern these Terms of Service and your use of the Service and Site. Your use of the Service may also be subject to other local, state, national, or international laws.

Under California Civil Code Section 1789.3, California users of the Service receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

Contact Us. You may contact us regarding the Service or these Terms of Use by mail at TripMedRx, Inc., 1701 U Street, Sacramento, CA 95818 or by email at rachel@tripmedrx.com.