LAST UPDATED: SEP 21, 2021
TERMS
Terms of Use
Rume Medical Group, Inc.
Last Updated: July 22, 2022
- Agreement to Terms of Use
The following Terms of Use (“Terms” or “Agreement”) govern your receipt of professional telemedicine medical services (the “Services”) provided by Rume Medical Group, Inc. (“Rume Medical Group”) which are accessed by you through Rume Medical Group’s manager, Rume Health LLC’s website, or mobile application. Please read these Terms carefully.
Your use of the Services constitutes your agreement to be bound by all terms. If you disagree with one or more of these terms or find them unacceptable in any way, please do not use the Services.
Rume Medical Group will provide you with certain physician and related clinical services. This Agreement is divided into two parts. Part One explains all of the terms that govern your receipt of the Services. Part Two contains additional legal terms, including provisions that limit our liability to you and require individual arbitration for any potential legal dispute. To receive the Services, you must accept all of the terms of this Agreement.
- Changes to Terms of Use
We have the right to change or add to the terms of this Agreement at any time by posting the amended Terms on Rume Health LLC ’s website(s) or its mobile application (collectively, the “Platform”). Any receipt of Services after our publication of any such changes shall constitute your acceptance of the Terms as modified. However, any dispute that arose before the modification shall be governed by the Terms (including the binding individual arbitration clause) that were published and in place at the time when the dispute arose.
- Telemedicine Services
The Rume Health LLC Platform will match you with a Rume Medical Group provider based on your responses to the assessment you complete. Upon engagement of your Rume Medical Group provider, the terms set forth herein shall become effective.
Part One: Terms Governing Use of the Platform and Services
- Emergencies
NEITHER THE PLATFORM NOR THE TELEMEDICINE SERVICES OFFERED BY Rume Medical Group CONSTITUTE AN EMERGENCY-RESPONSE OR EMERGENCY-MONITORING SERVICE AND ANY PERSON WHO IS AWARE OF AN EMERGENCY SITUATION OR BELIEVES THAT A PERSON MAY BE AT RISK OF INJURY OR DEATH SHOULD DIAL “911” OR AN APPROPRIATE EMERGENCY RESPONDER. Rume Medical Group IS UNDER NO OBLIGATION TO MONITOR OR RESPOND TO COMMUNICATIONS MADE TO ITS PLATFORM.
- Age Limitations
The Services are not intended for anyone under the age of 18, without the consent of a parent or guardian If you are under 18 years of age, please do not use or access the Platform without the consent of a parent or guardian. By using the Platform, you affirm that you are over the age of 18 or that you have the consent of a parent or guardian. Rume Medical Group does not seek through the Platform to gather personal information from or about persons under the age of 18 without the consent of a parent or guardian.
- Restricted Use
You may access the services of Rume Medical Group through the Platform only to the extent that you obey all laws, rules, and regulations applicable to your use of this Platform. In using the Platform, you agree not to:
- Send or otherwise transmit to or through the Platform any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to the Platform or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;
- Misrepresent your identity or affiliation in any way;
- Restrict or inhibit any person from using the Platform, disclose personal information obtained from the Platform or collect information about users of the Platform;
- Reverse engineer, disassemble or decompile any section or technology on the Platform, or attempt to do any of the foregoing;
- Gain unauthorized access to the Platform, to other users’ accounts, names, personally identifiable information or other information, or to other computers or websites connected or linked to the Platform;
- Launch or use any automated system, including without limitation “robots,” “spiders,” or “offline readers” that access the Platform in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
- Send or otherwise transmit to or through the Platform chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising goods and services;
- Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;
- Violate any applicable laws or regulations in any way;
- Alter or modify any part of the content or services offered on or through the Platform;
- Allow any other person to use the Platforms with your registration or login information;
- Breach or otherwise circumvent Rume Medical Group’s security or authentication measures; and
- Assist or permit any persons in engaging in any of the activities described above.
- Your Privacy
Upon acceptance of these Terms, you confirm that you have read, understood, and accepted Rume Medical Group’s Online Privacy Policy. You acknowledge that any questions about the use of your personal information (including your name, email address, mailing address, gender, date of birth, any personal or protected health information, or any data about you that you elect to provide electronically through the Platform and any other information that identifies who you are) may be used by Rume Medical Group solely in accordance with these Terms and with Rume Medical Group’s Online Privacy Policy (or as otherwise agreed upon between you and Rume Medical Group in writing).
- Security
We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Part Two: Additional Legal Terms
- Representation and Warranties
You represent and warrant to us that: (i) you are at least eighteen (18) years of age; (ii) your receipt of the Services will be in compliance with these Terms; (iii) the information you have provided to Rume Medical Group in your registration is accurate and complete; (iv) you will comply with any and all laws applicable to your use of the Platform and receipt of the Services; (v) you will not interfere with or disrupt Rume Medical Group’s or its vendors’ security measures; (vi) if any information you provide to Rume Medical Group becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify Rume Medical Group; and (vii) you are accessing the Services for yourself or a child under the age of eighteen (18) for whom you are the legal guardian.
- Disputes
If a dispute of any kind arises, we want to understand and address your concerns quickly and to your satisfaction. Please contact us at CustomerSerivce@driven.care with any dispute. If we cannot resolve your concerns, we agree to an informal and inexpensive dispute resolution process requiring individual arbitration. “Disputes” between you and Rume Medical Group are defined for the purposes of these Terms to include any claim, controversy, or dispute (whether involving contract, tort, equitable, statutory, or any other legal theory) between you and Rume Medical Group including, but not limited to, any claims relating in any way to these Terms (including its breach, termination, or interpretation), any other aspect of our relationship, Rume Medical Group advertising, and any use of Rume Medical Group services.
- Binding Individual Arbitration
You and Rume Medical Group agree to arbitrate all Disputes. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ONLY BE ON A INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED, AND YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS ACTION AGAINST Rume Medical Group. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration). All Disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by ADR Services, Inc. or any other neutral service agreed to by the parties according to this provision and the applicable arbitration rules for that forum. Consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in their local small-claims court rather than through arbitration. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur within the county or parish where you reside. Otherwise, any arbitration hearing will occur in Huntington Beach, CA, or another mutually agreeable location, or a location ordered by the arbitrator. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may recover those fees from the arbitrator. For any claim where you are seeking relief, Rume Medical Group will not seek to have you pay its attorney’s fees, even if fees might otherwise be awarded, unless the arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and Rume Medical Group also include respective subsidiaries, affiliates, agents, employees, predecessors, successors, and assigns.
- Jurisdiction
Information provided by Rume Medical Group is not targeted to users in any particular locality nor is it intended to constitute the doing of business in any jurisdiction.
- Requests for Information
If you contact Rume Medical Group and request information about its services, we will use your email or postal address to provide the information you requested. You agree that we may use and share information you provide us as described in our Online Privacy Policy.
- Limitation on Time to Initiate a Dispute
Unless otherwise required by law, an action or proceeding by you relating to any Dispute must commence within one (1) year after the cause of action accrues.
- Downloadable Files and Email
Rume Medical Group cannot and does not guarantee or warrant that email or files available for downloading from its website will be free of viruses or other code that may contaminate or destroy data on your computer. You are responsible for implementing sufficient protective procedures and checks to maintain the accuracy of your data for maintaining a data back-up or other means for the reconstruction of any lost data. Rume Medical Group does not assume any responsibility or risk for damage to your computer or its files related to your access to the Services.
- Assignment
You may not assign any rights or obligations under this Agreement without Rume Medical Group’s prior written consent. Rume Medical Group may assign all or part of this Agreement.
- Waiver
No waiver of any of these terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
- Notices
You agree that we may provide any and all notices to you by e-mail, telephone, fax, as well as by any other method.
- Severability
If any of the provisions of this Agreement are held unenforceable by a court or other tribunal of competent jurisdiction, then those provisions shall be limited or eliminated to the minimum extent necessary to allow the remainder of this Agreement to retain its full force and effect.
- Electronic Document
This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a “writing” or “in writing”, and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed agreement. A printed version of these Terms and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- Language
English shall be the language of these Terms and the parties waive any right to use and rely upon any other language or translations.
- Contact Information
Please contact us with any questions or concerns regarding this Agreement at:
Rume Medical Group, Inc.
CustomerService@driven.care