Last Updated: June 2021
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.
The Service provides a platform for telecommunications and video communications that enables telehealth care providers and others to remotely contact 911 Public Safety Access Points (“911 PSAP”) for dispatch of emergency services and other services to individuals in need (“Patients”) at the Patients’ locations (such services, the “Dispatch Services” and each instance of dispatch, an “Emergency Dispatch”) and to share records, including Patient Data (as defined below), related to an Emergency Dispatch with other health care providers and other emergency professionals in connection with the treatment of the Patient, and that enables other healthcare providers to obtain access to such records.
Use the Service to activate 911 for emergencies only;
Be truthful and accurate with your identity and credentials with us and all third parties when using the Service;
Communicate with 911 personnel in a courteous and professional manor;
Represent all emergency situations accurately to emergency personnel;
Ensure that the primary person identifying the emergency is the same person talking to emergency personnel via the Service, and prevent and discourage intermediate persons from relaying information to emergency personnel via the Service or the call back number used in the emergency;
Be available for questions during handoff and for callback should emergency personnel need additional information;
Keep all call back numbers up to date and accurate;
Only access PHI for Patients that you are caring for;
Report to us all emergency activations which involve patient death or suicide attempt for the purpose of Telemedicine911.com technology, process, and service improvement;
Use the Service as the primary means for the activation of 911 in all remote emergencies that you encounter, when clinically optimal for the emergency scenario. However, you acknowledge that there will be instances when the internet is down, devices are down, the Service is down, or other outages or situations that prevent the normal operation of the Service or your emergency plans, and you agree to implement reasonable backup procedures for handling remote emergencies in instances where the Service is not available;
If you choose to test and validate remote emergency protocols, then prior to conducting any testing or validation, you will contact and coordinate testing with all 911 PSAPs planned for testing as appropriate, and prepare staff at all addresses used for testing in case testing results in emergency personnel showing up at a test address;
Not use the Service for any malicious intent, acts of terror, or for any unlawful or harassing purposes, or to make any false calls to 911;
Complete all required training in connection with the operation and use of the Service;
White list the Service and Air Visits domains and respond to the Service correspondence including emails and phone calls;
Comply with all applicable laws, rules and regulations in connection with your use of the Service.
The Service has the ability to record Emergency Dispatches made through the Service at your instruction. You are required to consent to the recording of Emergency Dispatches to use the Service. To the extent you access and use the recordings of Emergency Dispatches made available through Telemedicine911.com, you are solely responsible for ensuring your compliance with all applicable laws related to the access and use of such recordings including those regarding obtaining consent to record from applicable parties. We recommend that you consult with your legal counsel to make sure that you are complying with all applicable laws with communications you record, store, or release using Telemedicine911.com.
The Service has the ability to send messages to a Patient’s communication device and obtain the location of Patients and has the ability to access the Patient’s mobile device carrier account information (“Air® Geolocation”). You are solely responsible for ensuring your compliance with all applicable laws, as well as any contractual obligations you are subject to, related to the collection of location data and mobile device carrier account information of the Patient, including, to the extent required under such applicable laws or contractual obligations, obtaining Patient consent prior to such collection. For the avoidance of doubt, you shall not be required to obtain Patient consent to the extent such consent is not required under applicable law or contractual obligations (for example, when the Patient is unresponsive and Air® Geolocation is able to obtain the Patient’s location from a wireless carrier and provide it to an applicable 911 PSAP). You will only use Air® Geolocation to obtain location data and mobile device carrier account information for the purposes of locating the Patient for the Emergency Dispatch.
You may also obtain access to Patient Data and other user account information and contact information in connection with a particular Emergency Dispatch through the Service. To obtain access to such Patient Data, you must have been provided a T911 emergency record code (“T911 Emergency Record Code”) by a 911 PSAP, another user of the Service that is a Covered Entity providing health care services to the patient (“Third Party Covered Entities”), or by us directly. Each time you request access to Patient Data by submitting a T911 Emergency Record Code through the Service, you represent, warrant and covenant that (i) you are a Covered Entity, (ii) you are requesting access to Patient Data in connection with treatment of the Patient, (iii) you have provided all required notices and obtained all required consents from the Patient under Applicable Laws, and have complied with all other applicable requirements under Applicable Laws, to obtain access the Patient Data, and (iv) you shall not use Patient Data except in connection with the treatment of the Patient in accordance with Applicable Laws. You further represent, warrant and covenant that you shall not share the T911 Emergency Record Code with any third party except Third Party Covered Entities and that all such Third Party Covered Entities are Covered Entities providing health care to the applicable patient under Applicable Laws. You acknowledge that Are Visits reserves the right to deny access to Patient Data through the Service and deny access to the T911 Emergency Record Code feature for particular accounts and users.
We may provide you with certain hardware in connection with the Service (the “Hardware”). Fees for such Hardware, and any applicable additional terms relating to the Hardware, will be agreed upon by you and us in writing. The Hardware may require a consistent wired or wireless broadband connection to the Internet. You, and not us, are solely responsible for obtaining such Internet access and any related services needed to access the Internet and for paying all applicable third party fees. ALL HARDWARE IS PROVIDED AS A CONVENIENCE AND IS NOT INTENDED TO ACTIVATE EMERGENCIES AS A TRADITIONAL PHONE. THE HARDWARE IS NOT A STANDARD VoIP PHONE AND YOU SHOULD NOT RELY ON THE HARDWARE OR THE SERVICE FOR EMERGENCIES AT YOUR LOCATIONS OR OTHERWISE.
INTELLECTUAL PROPERTY OWNERSHIP
The trademarks, service marks, and logos used and displayed on the Service (the “Air Visits Marks”) are our registered and unregistered trademarks or service marks. Other names displayed may be trademarks or service marks owned by third parties (the “Third-Party Marks,” and, collectively with the Air Visits Marks, the “Marks”). Nothing herein or through the provision of the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Marks without our prior written permission specific for each such use. All goodwill generated from the use of the Air Visits Marks shall inure to our benefit.
If you send or transmit any communications, comments, questions, suggestions, or related materials to us, whether by letter, e-mail, telephone, or otherwise, suggesting or recommending changes to the Service, including, without limitation, new features or functionality relating thereto (collectively “Feedback”), all such Feedback is, and will be exclusively owned by us. You hereby assign all right, title, and interest in, and we will be free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, and all applicable intellectual property rights relating to the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You agree and understand that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
In exchange for use of the Service, you will pay fees in accordance with the subscription plan that you select during the registration process (the “Fees”). The Fees currently consist of a monthly subscription fee (the “Subscription Fee”) which is paid monthly in advance and a usage fee as set forth in the fee schedule available to you during the registration process. We reserve the right to change these fees and/or introduce new fees at any time upon notice to you. All Fees are due within ten (10) days of invoice and are non-refundable. Fees are stated exclusive of taxes, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). You are responsible for paying all Taxes associated with your purchase, except for those taxes based on our net income. Should any payment for the Service be subject to withholding tax by any government, you will reimburse us for such withholding tax.
If you are using the Service as an authorized user under a Master Services Agreement with us, then the company that has entered into the Master Services Agreement with us will be responsible for the payment of all Fees.
THE SERVICE, THE SOFTWARE, THE HARDWARE, AND ANY TRAINING OR TRAINING MATERIALS THAT AIR VISITS PROVIDES TO YOU IN CONNECTION WITH THE SERVICE (COLLECTIVELY, “TRAINING”), ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT THE SERVICE, THE SOFTWARE, THE HARDWARE OR THE TRAINING WILL OPERATE ERROR-FREE OR THAT THEY ARE FREE OF COMPUTER VIRUSES OR SIMILAR DESTRUCTIVE ELEMENTS, AND ANY WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WE HEREBY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS RELATING TO THE SERVICE, THE SOFTWARE, THE HARDWARE AND THE TRAINING.
WE ARE A TECHNOLOGY VENDOR, AND WE DO NOT PROVIDE 911 EMERGENCY OR OTHER MEDICAL SERVICES. WE DO NOT CONTROL, NOR DO WE HAVE CONTRACTUAL RELATIONSHIPS WITH, ANY 911 PSAP. WE ARE NOT RESPONSIBLE FOR, AND WILL HAVE NO LIABILITY WITH RESPECT TO, ANY ACTS OR OMISSIONS OF ANY 911 PSAP OR OTHER THIRD PARTY. WITHOUT LIMITING THE FOREGOING, 911 PSAPS, EMERGENCY SERVICES, AND HOSPITALS AND OTHER FACILITIES ARE NOT REQUIRED TO COMPLY WITH REQUESTS SENT THROUGH THE SERVICE BY YOU, AND THEY MAY ACT OPPOSITE TO THE REQUESTS SENT THROUGH THE SERVICE BY YOU FROM TIME TO TIME BASED ON THE SITUATION; WE DO NOT HAVE ANY CONTROL OVER, AND SHALL HAVE NO LIABILITY OR RESPONSIBILITY WITH RESPECT TO, THE ACTS, OMISSIONS OR DECISIONS OF ANY 911 PSAP, EMERGENCY SERVICES OR HOSPITAL OR OTHER FACILITIES.
THE SERVICE IS DEPENDENT ON PATIENT DATA PROVIDED BY YOU. THIS PATIENT DATA IS USED BY THE 911 PSAP TO LOCATE PATIENTS AND PROVIDE 911 SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT ACCURATE AND COMPLETE PATIENT DATA IS SUBMITTED. WE DO NOT PROVIDE THIS PATIENT DATA, NOR DO WE REVIEW OR VERIFY ANY OF THIS PATIENT DATA. WE ARE NOT RESPONSIBLE FOR, AND WILL HAVE NO LIABILITY WITH RESPECT TO, ANY DELAY, ERROR, INJURY, OR DAMAGES RESULTING FROM ANY PATIENT DATA, INCLUDING, WITHOUT LIMITATION, INACCURATE OR INCOMPLETE PATIENT DATA, PROVIDED BY YOU OR OTHERWISE PROVIDED THROUGH YOUR ACCOUNT.
YOU ACKNOWLEDGE AND AGREE THAT THE PLATFORM IS NOT INTENDED TO BE YOUR SOLE METHOD FOR EMERGENCY RESPONSE, AND YOU MUST HAVE ALTERNATIVE PROTOCOLS IN PLACE TO RESPOND TO EMERGENCY SITUATIONS IN THE EVENT THAT THE SERVICE IS UNAVAILABLE.
WE SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN THE SERVICE, THE SOFTWARE, THE HARDWARE, THE TRAINING, OR OTHERWISE IN CONNECTION WITH THE PERFORMANCE OF OUR OBLIGATIONS HEREUNDER, IF PREVENTED FROM DOING SO BY (I) FLOODS, EARTHQUAKES, OR OTHER SIMILAR ELEMENTS OF NATURE OR ACTS OF GOD; (II) PANDEMIC, VIRUS, EXECUTIVE OR GOVERNMENT ORDER, RIOTS, CIVIL DISORDERS, REBELLIONS OR REVOLUTIONS IN ANY COUNTRY; (III) POWER BLACKOUT, CABLE CUT, ACTS OF REGULATORY OR GOVERNMENTAL AGENCIES, EXECUTIVE ORDERS, GOVERNMENT SHUTDOWNS, UNAVAILABILITY OF RIGHT-OF-WAY, UNAVAILABILITY OF SERVICES OR MATERIALS UPON WHICH THE SERVICE, THE SOFTWARE OR THE HARDWARE RELY, OR (IV) ANY OTHER CAUSE BEYOND OUR REASONABLE CONTROL.
From time to time, we may invite you to try “beta” features or functionalities of our products or services, which are not generally available to all of our customers for production use (“Beta Features”), at no charge. You may accept or decline to use Beta Features in your sole discretion. Beta Features are for evaluation purposes only and not for production use, are not considered part of the Service, are not supported, and may be subject to additional terms. Unless otherwise expressly agreed to by us, any Beta Feature trial period will expire upon the date that a version of the Beta Feature becomes generally available to all of our customers for production use or upon the date that we elect to discontinue such Beta Feature. We may discontinue Beta Features at any time in our sole discretion and may never make them generally available as part of the Service or any of our other products or services. We will have no liability to you or any other third party for any harm or damage arising out of or in connection with any use of a Beta Feature, and use of any Beta Feature is at your own risk.
From time to time, we may change or update the Software (“Software Updates”). Software Updates are made in our sole discretion. In order to continue using the Service, you must accept all applicable Software Updates; we will not be responsible or liable for any failure or unavailability of the Service if due to your failure to accept Software Updates.
LIMITATIONS OF LIABLITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STATUTORY OR OTHERWISE, AND IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) IN NO EVENT SHALL AIR VISITS OR ITS RELATED ENTITIES OR AFFILIATES, OR ANY OF ITS OR THEIR DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, OWNERS, DONORS, AGENTS, OR LICENSORS (REFERRED TO HEREIN COLLECTIVELY AS THE “AIR VISITS PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR INDIRECT DAMAGES, OR ANY OTHER PECUNIARY LOSS OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, EVEN IF AIR VISITS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (II) THE LIABILITY OF THE AIR VISITS PARTIES IN THE AGGREGATE FOR ANY DIRECT DAMAGES SHALL IN NO EVENT EXCEED AN AMOUNT EQUAL TO THE FEES THAT YOU HAVE PAID TO AIR VISITS FOR USE OF THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AS SET FORTH ABOVE OR THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION. THEREFORE, SOME OF THE ABOVE DISCLAIMERS OF WARRANTY AND/OR LIMITATIONS ON LIABILITY MAY NOT APPLY TO YOU. NOTHING HERE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
CLASS ACTION WAIVER
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
COMPLIANCE WITH APPLICABLE LAWS
The Service is based in the United States and is not intended for use outside of the United States. When you register for an account, you must register with a mailing address located in the United States, and you warrant and represent that you are a United States resident (if you register as an individual). We make no claims concerning whether the Service may be appropriate for use outside of the United States. If you access the Service from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
COMMUNICATIONS WITH AND SUBMISSIONS TO US
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails and communications you send to us, including, but not limited to, ratings, feedback, questions, comments, suggestions, and the like, we shall be free to use any ratings data, ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of the Service, without compensation or attribution to you.
Nothing herein shall be construed as making either party the partner, joint venturer, agent, legal representative, employer or employee of the other party. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other party, except as provided for herein or authorized in writing by the party to be bound.
If you need to contact us for any reason, our contact information is below:
150 Clove Road, Suite 2
Little Falls, NJ 07424
Copyright 2021 Air Visits, Inc. All rights reserved.