If this is a medical emergency, call 911 or activate the emergency medical services in your area
This Terms of Use Agreement (this “Agreement”) is entered into by and between Tom Davis, MD (the “Author”) and “you,” the user of the content (the Information) on tomdavisconsulting.com, "The Institute for Telemedicine Mastery," and "Your Telemedicine Community." (hereafter collectively known as the “Site”) including but not limited to the web blog, also known as “Dr. Tom’s Blog”, the newsletter “Value-Based Transformations”, and other video, audio and written material accessed through the site. Access to, use of and/or browsing of the Site is provided subject to the terms and conditions set forth herein. By accessing, using and/or browsing the Site, you hereby agree to these terms and conditions.
This site does not display, host or accept paid advertising from third parties, nor does it engage in affiliate relationships with retailers. General site last updated July 1, 2017.
This agreement contains warranty disclaimers and other provisions that limit the author’s liability to you. Please read these terms and conditions carefully and in their entirety, as using, accessing and/or browsing the site constitutes acceptance of these terms and conditions. If you do not agree to be bound to each and every term and condition set forth herein, please exit the site immediately and do not use, access and/or browse the site.
By entering the site, you acknowledge and agree that you have read and understand these terms and conditions, that the provisions, disclosures and disclaimers set forth herein are fair and reasonable, and that your agreement to follow and be bound by these terms and conditions is voluntary and is not the result of fraud, duress or undue influence exercised upon you by any person or entity. You also understand and agree that the use of the information provided on "the site" and published herein is completely at your own risk.
Medical advice disclaimer
The Author provides the Site and the services, information, content and/or data (collectively, “Information”) contained therein for informational purposes only. The Author does not provide any medical advice on the Site, and the information should not be so construed or used. Using, accessing and/or browsing the Site and/or providing personal or medical information to the Author does not create a physician-patient relationship between you and the Author. Nothing contained in the Site is intended to create a physician-patient relationship, to replace the services of a licensed, trained physician or health professional or to be a substitute for medical advice of a physician or trained health professional licensed in your state. You should not rely on anything contained in the Site, and you should consult a physician licensed in your state in all matters relating to your health. You hereby agree that you shall not make any health or medical related decision based in whole or in part on anything contained in the Site or affiliated social media channels. Users understand and agree without any limitations that the use of the information provided on "the site" and published herein is completely at their own risk.
Privacy/HIPPA disclaimer
This website is HIPPA compliant. Stories and anecdotes alluding to specific patients are fictitious and are presented for illustrative purposes only. Such stories have been radically altered to prevent any incidental unauthorized release of protected health information. Patient identifiers such as name, date of birth, sex, geographical location, date(s) and time(s) of service have been dramatically changed. Any similarities to actual patients alive or deceased is purely coincidental. All depictions of telemedicine or other medical encounters on the Site are simulations.
Insurance Disclaimer
The Author is not licensed in any way to sell any type of insurance product nor to provide specific information for individual insurance policies. The content of this website and affiliated media channels is for general informational purposes only. It is not meant to create, replace or supplement a professional relationship between an insurance vendor and consumer such as the reader. You should not rely on any information regarding insurance or government programs contained on this site and affiliated media channels. You should consult an appropriately licensed insurance agent for any and all questions regarding your insurance status, coverage needs, and insurance purchases. You hereby agree that you shall not make any insurance related decisions based in whole or in part on anything containing in the Site or affiliated social media channels. Users understand and agree without any limitations that the use of the information provided on "the site" and published herein is completely at their own risk.
Financial, legal and other advice disclaimers
You hereby acknowledge that nothing contained in the Site shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and the Author. You hereby agree that you shall not make any financial, investment, legal, medical and/or other decision based in whole or in part on anything contained in the Site. Users understand and agree without any limitations that the use of the information provided on "the site" and published herein is completely at their own risk.
Information disclaimer
The opinions expressed in the Site are not necessarily endorsed by, or the opinions of, the Author. While the cases presented herein are based on true events, the names and details have been changed for privacy to the point where the reader should assume all are fictitious. Any similarities to actual organizations or individuals alive or deceased is purely coincidental. Users understand and agree without any limitations that the use of the information provided on "the site" and published herein is completely at their own risk.
Any opinions of the Author on the Site are or have been rendered based on specific facts, under certain conditions, and subject to certain assumptions, and may not and should not be used or relied upon for any other purpose, including, but not limited to, for use in or in connection with any legal proceeding. Users understand and agree without any limitations that the use of the information provided on "the site" and published herein is completely at their own risk.
The Information may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Information may become out-of-date. The Author undertakes no obligation to update any Information on the Site; provided, however, that the Author may update the information at any time without notice in the Author’s sole and absolute discretion. The Author reserves the right to make alterations or deletions to the Information at any time without notice. Users understand and agree without any limitations that the use of the information provided on "the site" and published herein is completely at their own risk.
The Information made available at the Site is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied, including, without limitation, warranties of title, non-infringement, and implied warranties of merchantability or fitness for a particular purpose. Without limiting the generality of the foregoing, the Author makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Information, that the Information may be relied upon for any reason or that the Information will be uninterrupted or error-free or that any defects can or will be corrected. Users understand and agree without any limitations that the use of the information provided on "the site" and published herein is completely at their own risk.
Without limiting the generality of the foregoing, the Author makes no representations or warranties with respect to any Information offered or provided within or through the Site regarding treatment of medical conditions, action, or application of medication. Users understand and agree without any limitations that the use of the information provided on "the site" and published herein is completely at their own risk.
Under no circumstances, as a result of your use of the Site, will the Author be liable to you or to any other person for any direct, indirect, special, incidental, exemplary, consequential or other damages under any legal theory, including, without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages. Without limiting the generality of the foregoing, the Author shall have absolutely no liability in connection with the Site for:
damages as a result of lost profits, loss of goodwill, work stoppage, failure of performance, delays in operation or transmission, nondelivery of information, deletions of files, mistakes, defects, errors, interruptions or computer failure or malfunction;
any loss or injury caused, in whole or in part, by the Author’s actions, omissions, or negligence, or for contingencies beyond the Author’s control, in procuring, compiling, or delivering the Information;
any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or
any decision made or action taken or not taken in reliance upon the Information.
Users understand and agree without any limitations that the use of the information provided on "the site" and published herein is completely at their own risk.
Reservation of intellectual property rights
The Site is protected by United States copyright laws. The Author hereby reserves any and all intellectual property rights in the Site.
Age restriction
The Site is intended for persons eighteen (18) years or older. Persons under the age of eighteen (18) should not access, use and/or browse the Site.
Indemnification
You agree to indemnify and hold the Author harmless from any claim or demand, including attorneys’ fees, made by any third party as a result of (1) any content posted or made available by you on this Site, (2) any violation of law that occurs by you through the Site, and/or (3) anything you do using the Site and/or the Information contained therein.
Invalidity
If any provision of this Agreement is held to be invalid or unenforceable in whole or in part in any jurisdiction, then that provision shall be deemed ineffective in such jurisdiction but shall have no effect on the enforceability of the remaining provisions.
Governing law, consent to jurisdiction and limitation on claims
This Agreement and your use of the Site, along with the Information contained therein, shall be governed by and construed in accordance with the laws of the State of New Hampshire without regard to conflict of laws principles, and you agree to submit to the jurisdiction of courts in the State of New Hampshire. You further agree that any claims or causes of action arising out of or related to this Agreement and the Site, along with the Information contained therein, shall be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action shall be forever barred.
Entire agreement
You hereby acknowledge that this Agreement represents the entire understanding between you and the Author concerning your use of the Site and the Information contained therein.
Modification
The Author may, in the Author’s sole and absolute discretion, modify the terms and conditions of this Agreement in whole or in part at any time for any reason without any notice to you, whether prior or otherwise. Such modified terms and conditions shall supersede these terms and conditions and shall become binding when published online on the Site.
Waiver
The Author’s failure to exercise or enforce any right or provision of this Agreement shall not be deemed to be a waiver of such right or provision.
The site and the information contained therein is made available by the author for educational purposes only and is not intended to provide medical advice. By accessing the site, you understand and acknowledge that there is no physician-patient relationship between you and the author. You further acknowledge your understanding that the site should not be used as a substitute for competent medical advice from a licensed physician in your state.
Users understand and agree without any limitations that the use of the information provided on "the site" and published herein is completely at their own risk.
If this is a medical emergency, Call 911 or activate your local emergency medical services