Terms and Conditions
Our Terms and Conditions were last updated on March 29, 2022.
The Terms and Conditions (the “T&Cs,” “Terms”) apply to healthcare and content providers and regulate their use of the online components and properties (e.g., websites and mobile applications) possessed and monitored by UltraVisit LLC. (“UltraVisit”), along with the https://www.ultravisit.com website (the “Site,” “Website”) and the services accessible to customers through the Site (“Services”). By using the Website and (“You,” “Providers,” “Your”), you agree to be legally bound by the Terms and Conditions set forth below. All of these Terms and Conditions must be accepted and followed in order to get access to and use the Service.
- Contract and Ownership
1.1 Every content on this Site, as well as any material made available for download by UltraVisit, are the property of UltraVisit, or its licensees or suppliers, as appropriate. The Site is protected under copyright law and trademark laws in the United States and across the world. The Site’s Contents, including without limitation files, documents, text, photographs, images, audio, and video, and any materials accessed or made available for use or download through the Site (“Content”), may not be copied, dispersed, reconfigured, replicated, published, or used, wholly or partially except you have UltraVisit’s express written permission.
1.2 Without our express written agreement, you may not frame or use framing methods to enclose, or deep link to, any name, trademarks, service marks, logo, Content, or other proprietary material (including images, text, page layout, or form) of UltraVisit. Regardless of the above, the contents you publish in your Virtual Waiting Room are exclusively yours, and you are solely responsible for that content. More information regarding your Virtual Waiting Room may be found in the Section entitled “Virtual Waiting Room” below.
2.1 To use the Site as a healthcare provider (“Provider”), you must commit to follow all laws, medical or other board rules, and other rules and regulations that apply to you as a healthcare provider or other professional utilizing the Website. Your interactions with other users (including your patients/clients) are solely between you and the patient. UltraVisit will never have a physician-patient connection with the patient. UltraVisit does not practice medicine or any other licensed profession and does not provide medical or professional services.
2.2 All agreements, consents, notifications, and other contacts with patients and other customers are completely the responsibility of the provider. Without limiting the scope of the above, Provider is entirely responsible for all billings and collections from patients and other consumers, and UltraVisit shall have no obligation to Provider for any monies owing to Provider by any patient or other consumers.
2.3 In the case where you use our Site to provide services to others, you are referred to as a “Provider.” You undertake to do so legally and in accordance with all applicable rules and regulations. Other than you, the Provider, UltraVisit does not provide services to your patients, clients, or anyone else.
- Professional Standards
3.1 The Provider will only use the Site and Services in line with relevant proper professional standards of practice. Whereas software applications such as the Site and Services can expedite and enhance the effectiveness of service that Provider and its employees provide to patients, many variables, such as the provider/patient relationship, can influence a patient’s overall result, and with intricate and interdependent technologies and complex decision-making, it can often be difficult or even impossible to accurately identify what the variables were and how much they impacted a result. Provider is entirely responsible for its use of the Site and Services, as well as the services provided to Provider’s patients.
3.2 In this respect, the Provider releases UltraVisit and waives any and all possible claims against UltraVisit arising from the Provider’s use of the Site and Services, as well as the provision of services to Provider’s patients.
- Virtual Waiting Room
4.1 A virtual waiting room (“Virtual Waiting Room”) is one of the Services accessible through the UltraVisit Website. Everyone may enter your Virtual Waiting Room, just as at a traditional office. As a result, any material put on your Virtual Waiting Room is accessible to and viewable by anybody who visits. The Site allows you to upload information and links to other websites via the Virtual Waiting Room. The material you put on your Virtual Waiting Room, as well as the connections to other websites you provide on your Virtual Waiting Room, are yours and yours exclusively.
4.2 UltraVisit will not claim any rights or interests in the content provided as long as it does not violate Section 1 of these Terms and Conditions. By posting such information or links, you agree to be entirely liable for such content and links, and to defend, indemnify (where appropriate and permitted by law), and hold UltraVisit blameless as set out in Section 11, below. The information you put on your Virtual Waiting Room, as well as the connections to other websites you provide on your Virtual Waiting Room, are solely yours. Such information and links are strictly your responsibility.
- Electronic Communications
You agree to receive electronic messages from UltraVisit. You also agree that, in accordance with applicable legislation, all agreements can be entered into and executed electronically, and that any notices, disclosures, and other communications that we give to you electronically fulfil any legal need that such notice or other communications be in writing. UltraVisit reserves the right to communicate with you at any time.
- Site Access and Security
6.1 You are not allowed to breach or attempt to violate the Site’s security, including, but not limited to:
(a) accessing data that was not intended for your use, or connecting onto a server or account that you are not allowed to use; or
(b) trying to probe, scan, or test a system’s or network’s vulnerability, or breaching security or authentication procedures without authorized authority; or
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; or
(e) to spam, phish, pharm, pretext, spider, crawl, or scrape; or
(f) to submit false or misleading information; or
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; or
(h) to collect or track the personal information of others.
6.2 System or network security violations may result in legal or criminal responsibility. UltraVisit will examine any incidents that may include such violations and may involve and assist with law enforcement agencies in punishing users who are involved in such breaches. You agree not to use any device, program, or routine to interfere with or try to interfere with the correct operation of this Site or any activity taking place on it.
6.3 If accessibility to the Site or a section of it is restricted and requires a user ID and password (“Protected Areas”), you agree to access Protected Areas solely using the user ID and password granted to you by UltraVisit. You promise to keep your user ID and password private and not to share or reveal your user ID or password to any third party. You acknowledge that you are solely liable for any actions that occur under your user ID. UltraVisit has the right to revoke your access to the Site at any moment, with or without cause.
- License and Access
- Account Termination by the Provider
- Correctness and Changes to these T&Cs
UltraVisit takes no responsibility, and makes no warranties, or assurances about the truth or accuracy of the Site or its Content. It is conceivable that the Site may contain typographical mistakes, inaccuracies, or other errors, and that third parties may make unauthorized additions, deletions, or modifications to the Site. This includes any information, content, or links put to the Virtual Waiting Room of a provider. Our Company has the right to change this Agreement at any time and to impose new or additional terms or requirements on your use of the Services. Such changes and additional terms and conditions will take effect immediately and be included into this Agreement. Your continuing use of the Services will be construed as acceptance of the Terms. We reserve the right to alter or discontinue any component, service, or feature of the Websites, including, but not limited to, content, availability, and equipment required for access or use, at any time.
- Links to Other Sites
Although this Website may contain links to other websites, we do not imply any approval, association, sponsorship, endorsement, or connection with any linked website, unless expressly indicated otherwise. We are not responsible for investigating or analyzing any businesses’ or persons’ offerings, or the content of their websites, and we make no warranties about them. We accept no responsibility or liability for the conduct, goods, services, or content of any third-party. You should carefully read the legal notices and other terms and conditions of every website that you access via a link from this Website. Any links to other off-site websites are at your own risk.
- Provider Agreements
11.1 In the case where you submit, upload, or post any agreements, contracts, consents, notices, advice, recommendations, comments, files, videos, images, or other materials to us or our Site (“Provider Content”), or if you provide any Provider Content to patients or other consumers (including, but not limited to, content posted on or through links available on your Virtual Waiting Room), you agree not to provide any Provider Content that:
(a) is defamatory, abusive, libelous, illegal, obscene, threatening, harassing, fraudulent, pornographic, or hurtful, or has the potential to inspire criminal or unethical activity; or
(b) breaches or infringes on any person’s or entity’s privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights; or
(c) includes or transmits a virus or other potentially hazardous component.
11.2 The Provider is exclusively accountable for collecting all necessary agreements and consents from patients and other customers, as well as giving all relevant notices to them. You undertake not to approach other users by unsolicited e-mail, phone calls, mailings, or any other means. You affirm and guarantee to UltraVisit that you have the legal right and authority to submit any Provider Content on the Site as well as any Provider Content put in a Virtual Waiting Room. With the exception of Provider Content posted to a Virtual Waiting Room, UltraVisit shall have a royalty-free, irrevocable, transferable right and license to use the Provider Content however UltraVisit needs and wants, including without limitation, copying, modifying, deleting in its entirety, adapting, publishing, translating, creating derivative works from and/or selling and/or distributing such Provider Content and/or incorporating such Provider Content into any form, medium, or technology.
11.3 UltraVisit is and shall be under no obligation
- keep any Provider Content confidential.
- to compensate you or anyone else for any Provider Content; or
- to reply to any Provider Content. To be clear, UltraVisit does not claim any interest in or rights to Provider Content uploaded to a provider’s Virtual Waiting Room, as long as it does not violate Section 1 above. Providers are entirely responsible for Provider Content uploaded to the provider’s Virtual Waiting Room.
11.4 UltraVisit does not review Provider Content on a regular basis but does retain the right (but not the duty) to monitor and modify or remove any Provider Content provided to the Site. You give UltraVisit permission to use the name you provide in connection with any Provider Content.
11.5 You must not produce or distribute any inappropriate content (e.g. in your waiting room). Anything you make can be reused on our site. UltraVisit shall not be liable for any damages caused by items you submit.
12.1 You undertake to defend, indemnify, and hold UltraVisit, its affiliates, and their associated directors, officers, employees, and agents unharmed from and against any and all claims and costs, including attorneys’ fees, resulting from your use of the Websites. UltraVisit retains the right to assume exclusive defense responsibility for any claim for which we are entitled to indemnification under this clause. In such a circumstance, you must cooperate with us in any way that UltraVisit deems reasonable to request.
12.2 UltraVisit disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing the Websites, you acknowledge and agree to our disclaimer of any such liability. If you do not agree, you should not access or use the Websites.
12.3 Provider agrees to defend, indemnify, and hold UltraVisit harmless from any claim made by or on behalf of any patient of Provider or its personnel, or by or on behalf of any other third party or person asserting damage due to a familial or financial connection with such a patient, regardless of the cause, arising from the use or operation of the Site and Services.
12.4 To the extent appropriate, Provider will get UltraVisit’s prior written permission to any settlement or judgment in which Provider agrees to or which otherwise gives or indicates any finding of UltraVisit’s fault or any flaw in the Site or Services. Provider undertakes to pay and repay UltraVisit’s costs and expenses incurred in connection with such an action (including reasonable attorney’s fees).
12.5 If you, your patients, or any other party seeks to collect any funds originating from the use of our Services arising from your use of UltraVisit or treatment you offer a patient while using our Services, you will be entirely liable for and must pay any such costs.
- Disclaimer of Warranty and Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITES IS AT YOUR SOLE RISK. UltraVisit, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS DO NOT WARRANT THAT USE OF THE WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITES, NOR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEBSITES.
THE WEBSITES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL ULTRAVISIT, OR ITS FUTURE PARENT OR AFFILIATED COMPANIES, BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE WEBSITES OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE WEBSITES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE WEBSITES. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ULTRAVISIT OR FUTURE PARENT OR AFFILIATED COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT ULTRAVISIT OR FUTURE PARENT OR AFFILIATED COMPANIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE WEBSITES OR ANY OTHER THIRD PARTIES.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
- No Provision of Advice or Services
14.1 UltraVisit offers a platform for a Provider to engage with consumers, potential consumers, patients, and potential patients as part of the Services. UltraVisit does not include any medical advice or professional, legal advice, or makes any representations in any way regarding any medical, professional, or legal issues associated with Provider, goods, or services offered by Provider, including, but not limited to, any compliance obligations or steps required to conform with any state or federal laws and regulations.
14.2 Addressing any legal or compliance concerns, the Provider should seek its own legal counsel and should not depend on any materials or information linked with the Site or Services in assessing the Provider’s legal compliance responsibilities.
14.3 UltraVisit and the Provider agree that UltraVisit is not giving medical or legal advice to the Provider or any patient, client, or customer of the Provider, or to anyone else who may use the Site or use the Services.
- Dispute Resolution
The current Terms and Conditions shall be governed and regulated by the internal laws of the State of New York State (excluding its conflicts of laws principles). Any legal disputes between us shall be resolved and shall also be subject to the sole authority of the federal or state courts located in Rochester, New York
- Refund Policy
Our objective is for you to have a positive experience with UltraVisit. We recognize that technology does not always cooperate or that other complications might develop, therefore we’ve simplified our Refund Policy as much as possible. Please notify us, and we will make things right.
- Abuse of Accounts
As a courtesy to the community, we provide a free service. When you share your account with others, deactivate your account and join up again to obtain another 30 days free, have your whole staff base on our Free or Pro plans, and so on, you are taking advantage of our system. We will probably notify you if we suspect you are doing this. If you do not reply or modify your conduct, we will deactivate your account and prohibit you from using our Site and Services in the future. In the case where your organization has more than one (1) individual, employee, or independent contractor with us, you must be on a Clinic plan.
- Other Important Terms
18.1 We reserve the right to transfer Our rights and duties under these Terms and Conditions to some other organization. If this occurs, we will tell you in advance. Your rights under these Terms and Conditions will not be affected by such transference.
18.2 The contract in which these Terms and Conditions are included is between you and Us. No one else shall have any authority to enforce any part of these Terms and Conditions.
18.3 Every and each paragraph of the current Terms and Conditions shall act autonomously. In the case where a court or any other appropriate authority rules that any of them are unconstitutional, the remaining paragraphs shall continue in full force and effect.