Terms of Use

We are passionate about all the details of providing you with a great experience. In keeping with that goal, we’ve inserted “Simply Stated” explanations throughout our Terms of Use. These explanations are written in a way that makes our Terms of Use easier to understand. That being said, please remember you’re agreeing to all the fine print when you use CoolDoctors and the services it provides, so we encourage you to read our Terms of Use carefully. Our Privacy Policy is included in our Terms of Use, and we take both the privacy and security of your data seriously. Above all else, we value your trust.

Presently, only individuals that have an existing doctor-patient relationship with one of our participating doctors may utilize the services offered by CoolDoctors. By using the CoolDoctors application and the CoolDoctors services, you promise that you are an existing patient of one of our participating doctors, meaning that you have received eye care services from them within the past twelve (12) months.

One more thing … our Service is not intended for emergency situations, so if you have a medical emergency, call 911 or go to an emergency room facility immediately! This would include, but is not limited to, any sudden loss of vision in one or both eyes, significant pain, nausea, or vomiting, any significant trauma to the eye, or an experience of flashes of light in your side vision or a sense of a veil or curtain coming over or into your vision.

CoolDoctors is an interactive mobile application provided to you by CoolDoctors (“CoolDoctors,” “our,” “us,” or “we”). Your access and use of the application or any part thereof, or anything associated with it, including its contents and any products or services provided by CoolDoctors (collectively, the “Service”) are governed by these Terms of Use (this “Agreement”). The Service is intended for access and use only by residents of the United States of American. Please read this Agreement carefully before using the Service.

Simply Stated: You must be a patient of one of our participating doctors, and you must be a United States resident, to use CoolDoctors. Before using CoolDoctors, please read the Terms of Use.

GENERAL TERMS AND CONDITIONS

By accessing or using our Service, you agree to be bound by this Agreement and to use our Service in accordance with the terms and conditions of this Agreement. If you do not agree to the terms and conditions of use for our Service as set forth in this Agreement, you may not use the Service.

If we need to change the terms of this Agreement, we will post the revised Terms of Use through our Service and update the “Last Revised” date to reflect the date of the changes. You are responsible for being aware of any changes made to this Agreement. By continuing to use our Service after we post such changes, you agree to the terms of this Agreement, as modified.

Simply Stated: By using CoolDoctors, you’re agreeing to the Terms of Use. If any changes are made, the Terms of Use will be updated. By continuing to use CoolDoctors, you’re agreeing to the changes.

WHAT SERVICE DOES COOLDOCTORS PROVIDE?

Our Service is designed to enable you to obtain telehealth consultations and treatment for common non-emergency medical conditions of or affecting the eye and its immediately surrounding tissues (eyelids, lashes, etc.) by facilitating the connection between you and a licensed healthcare provider that specializes in the care of the eye (a “Provider”). Your Provider may be an optometrist, an ophthalmologist, or another licensed health care provider trained in the diagnosis and management of eye diseases. Once you are assigned or connected to one or more Providers through our Service, each of those Providers may be referred to as “your Provider.” Your Provider is solely responsible for providing you with medical care. Your Provider is neither an agent nor employee of CoolDoctors. We act only as a technology platform to connect you with professional healthcare Providers who may be available to provide you with certain non-emergency medical eye care. We do not control or interfere with the practice of medicine or optometry by Providers, each of whom is solely responsible for the health care services he or she provides. We do not practice medicine or optometry and we give no medical advice.

Simply Stated: CoolDoctors provides the technology to connect you with licensed healthcare Providers for non-emergency telehealth consultations concerning your vision and your eyes, but only your Provider makes decisions about your medical care and treatment.

IS THE COOLDOCTORS SERVICE RIGHT FOR YOU?

In some cases, our Service may not be the most appropriate way for you to seek or obtain medical eye care and treatment. For example, certain conditions may require an in-person procedure or very specialized providers not available through our Service. To assist you in determining whether our Service is a fit for your needs, we ask a series of initial questions during registration before we connect you with a Provider. Based on your responses to these questions, we may determine that our Service is not well suited to the particular issue for which you are seeking treatment. In such a case, you will receive an alert notifying you that you will be unable to use our Service for the particular issue you submitted and providing additional information regarding next steps. If this occurs, your registration will remain on file with CoolDoctors, but you will not be connected with a Provider nor will you have established a physician relationship with any Provider. You will not be charged for any services provided to you in connection with your submission if we are unable to connect you with a Provider. You can always return to CoolDoctors at a later time to submit a request for another condition or issue.

Simply Stated: We may determine that our Service is not appropriate for your particular medical condition or issue. If so, you will be notified that your submission has been halted and you will not be charged for your submission.

MEDICAL AND OCULAR EMERGENCIES

THE MEDICAL CARE YOU RECEIVE FROM YOUR PROVIDER THROUGH COOLDOCTORS IS NOT A SUBSTITUTE FOR OTHER MEDICAL TREATMENT YOU MAY NEED. IF YOU ARE EXPERIENCING A MEDICAL OR EYE RELATED EMERGENCY, OR YOU HAVE SUFFERED A SUDDEN LOSS OR CHANGE OF VISION IN ONE OR BOTH EYES, CALL 911 OR SEEK EMERGENCY MEDICAL HELP.

Simply Stated: Once again, if you have an emergency, call 911 or go to an emergency room immediately!

REGISTRATION

To use our Service, you are required to set up an account (“Account”). When you set up an Account, you are required to enter your name, email address, password (“Password”) and certain other information (e.g., date of birth, contact information, credit card information, and relevant medical history). You agree that all information you provide is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it current. You may not transfer or share your Password or Account (collectively, the “Account Information”) with anyone.

You are responsible for maintaining the confidentiality of your Account Information and for all activities that occur under your Password or Account. You agree to immediately notify us upon becoming aware of any unauthorized use of your Account Information. CoolDoctors reserves the right to take any and all action, as it deems necessary, regarding the security of our Service and your Account Information. Under no circumstances shall CoolDoctors be held liable to you for any liabilities or damages resulting from or arising out of your use of our Service, your use of the Account Information, or your release of the Account Information to a third party.

To use our Service, you must also reside in a jurisdiction in which we offer our Service, and you must be at least 18 years of age.

Simply Stated: To use CoolDoctors, you must live in a state where our Service is offered and be at least 18 years old. You will create an account and provide the requested information in a truthful manner. Do not share your password. It is your responsibility to keep your account information and activity confidential.

ACCESS RIGHTS

Subject to your compliance with the terms and conditions of this Agreement, we hereby grant you a limited, non-exclusive, nontransferable right to access our Service and use our Service on the mobile device(s) that you own or control solely for your personal non-commercial use.

You agree that you will not, and will not attempt to: (a) interfere with or disrupt the functioning of the Service in any manner, including the functioning of any software, hardware, network or server connected to the Service; (b) distribute or transfer in any manner the Service or any part of the Service to any third party; (c) copy or modify the Service or any part of the Service for any purpose; (d) incorporate by any means any of the Service content into another application, website or service; (e) reverse-engineer or create derivative works based on any part of the Service for any purpose, commercial or otherwise; or (f) use the Service in any manner that is inconsistent with these Terms of Use. We reserve the right, in our sole discretion, to deny use of the Service to anyone for any reason.

Simply Stated: We give you permission to access and use CoolDoctors, and in return, you agree to use our Service responsibly and in accord with our terms of service agreement.

ACCEPTABLE USE

Use of our Service requires that you comply with acceptable use behavior as determined by CoolDoctors. As part of your responsibilities, you agree that you will not: (a) use the Service in any unlawful manner; (b) use the Service in any manner that is harmful, hateful, harassing, abusive, or otherwise offensive to any other person or entity (including your Provider); (c) interfere with or inhibit any other user from using or enjoying the Service; (d) use the Service as a means to distribute unsolicited or unauthorized communications, advertisements or spam; (e) access or search the Service by any means other than the authorized public interface; (f) collect or use any data or Service content that violates any third-party right; (g) create a false identity, impersonate another person or entity, or otherwise misrepresent yourself or the condition of your health or your problem; (h) breach or otherwise circumvent any security measures incorporated into the Service; or (i) use the Service in any manner that is considered unacceptable by CoolDoctors.

Simply Stated: You agree that you will not misuse or abuse our Service, and you will not engage in any behavior that may be offensive or harmful to others.

FEES AND PURCHASE TERMS

The fees for telehealth consultations with healthcare Providers can be found on our Service. Fees are subject to change, and any changes will be posted. It is your responsibility to remain informed about the current rates. CoolDoctors, on behalf of your Provider, will charge you for the medical services provided by your Provider, and you agree to pay for all medical services provided to you.

You will provide CoolDoctors with a valid credit card or any other method of payment accepted by us (“Payment Provider”) when you set up your Account with our Service. By providing CoolDoctors with your Payment Provider and associated payment information, you agree that CoolDoctors, or its authorized agent, is authorized to invoice your Account at the time any payments are due and charge your designated Payment Provider account. If any payments are subject to sales tax in any jurisdiction, you also agree to pay the required sales tax, and any related penalties or interest. CoolDoctors may automatically charge sales taxes for addresses within jurisdictions where such taxes are required. Unless otherwise agreed to by CoolDoctors, all fees paid are non-refundable. You are responsible for all fees and charges associated with your Account. Neither CoolDoctors or your Provider makes any guarantees or promises about the outcome of any treatment you may receive, and your obligation to pay for the services provided is independent of whether or not any care or treatment is successful.

We use a third-party payment processor (the “Payment Processor”) to charge your Payment Provider account. The processing of payments in connection with your use of our Service will be subject to the terms, conditions and privacy policies of the Payment Processor and the Payment Provider responsible for your designated method of payment, in addition to this Agreement with CoolDoctors. We are not responsible for any errors by the Payment Processor or the Payment Provider.

At present we do not process any insurance claims, nor will your Provider process insurance claims on your behalf. It is solely up to you to contact your health or vision care plan, determine whether your coverage applies, and submit a claim if applicable. We do not accept assignment on any insurance or third-party payer claims. You are responsible for the full fee charged for Provider care through our Service regardless of whether you later are able to receive reimbursement from your health plan for part or all of the cost.

Simply Stated: The current fees for telehealth consultations with healthcare Providers are posted on the CoolDoctors website. You agree that CoolDoctors is authorized to bill your account and charge your designated method of payment when payments are due, including any sales tax that may be required. CoolDoctors and your healthcare Provider do not currently process insurance claims or claims for third-party payers, and it is your responsibility to submit claims if your health or vision plan provides coverage.

PRIVACY

As part of the registration process, you will be asked to provide certain personal information. Any use of such information will be treated in accordance with our Privacy Policy, which is incorporated by this reference into these Terms of Use.

Simply Stated: Our Privacy Policy is part of our Terms of Use, so you agree to let us use your information as we’ve described in the Privacy Policy.

OWNERSHIP

We alone own all right, title and interest in and to our Service, including all intellectual property rights, and any suggestions, ideas or other feedback provided by you or any other party relating to our Service. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of or created from our Service shall be owned solely and exclusively by CoolDoctors, as shall any and all patent rights, copyrights, trade secret rights, trademark rights, and all other proprietary rights. You shall not remove or permit any third party to remove any proprietary rights from our Service or its contents.

Certain names, logos, and other materials displayed in our Service may constitute trademarks, trade names, service marks or logos (“Marks”) of CoolDoctors or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.

We reserve the right to modify or discontinue, temporarily or permanently, our Service, or any portion thereof, with or without notice. We will not be liable to you or any third party should we exercise that right. We will not, however, interfere with the doctor-patient relationship between you and your Provider. That relationship is independent of CoolDoctors.

Simply Stated: We own our Service, and you agree not to infringe upon any of our proprietary rights, like our rights to the CoolDoctors name and logo. You also understand that any feedback you may provide about our Service will be the property of CoolDoctors.

TERMINATION

You may delete your Account at any time for any reason by sending us an email. CoolDoctors may terminate your Account and use of our Service at any time for any reason. You understand that termination of your Account may involve deletion of your Account Information from our live databases as well as any content that you uploaded to the Service using such Account, but your Providers, or CoolDoctors on behalf of the Providers, may retain your Account Information in accordance with applicable laws and professional standards. You agree that we will not be liable for any termination of your access to our Service or deletion of your Account or content uploaded by you.

Simply Stated: You’re free to stop using CoolDoctors at any time, and we’re likewise free to deny use to anyone at any time.

DISCLAIMER

OUR SERVICE IS PROVIDED ON AN “AS IS” BASIS. ANY ACCESS TO OR USE OF OUR SERVICE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO OUR SERVICE, OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH OUR SERVICE (INCLUDING ANY CONSULTATIONS OR OTHER SERVICES YOU MAY RECEIVE FROM YOUR PROVIDERS). WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF OUR SERVICE. WE DO NOT WARRANT THAT THE SERVICE WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, OR ANY ADVERSE INCIDENT.

Simply Stated: Our Service is provided “as is.” We take great pride in CoolDoctors and our commitment to our users, but we can’t guarantee that our Service or the functioning of our Service will be error-free. If you find anything that needs to be corrected or experience any problems, please let us know.

LIMITATION OF LIABILITY

IN NO EVENT WILL COOLDOCTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES [WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE] ARISING OUT OF THIS AGREEMENT, OR THE USE OF, OR THE INABILITY TO USE, OUR SERVICE, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION MADE AVAILABLE THROUGH OUR SERVICE OR ANY SERVICES PERFORMED BY ANY HEALTHCARE PROVIDERS YOU CONNECT WITH VIA OUR SERVICE (INCLUDING CLAIMS OF MEDICAL MALPRACTICE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN THE MAXIMUM LIABILITY FOR ALL CLAIMS OF EVERY KIND WILL NOT EXCEED U.S. $100. THE FOREGOING LIMITATION OF LIABILITY WILL COVER, WITHOUT LIMITATION, ANY TECHNICAL MALFUNCTION, COMPUTER ERROR OR LOSS OF DATA, AND ANY OTHER INJURY ARISING FROM THE USE OF OUR SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.

Simply Stated: You assume responsibility for your use of our Service.

INDEMNIFICATION

You agree to indemnify and hold harmless CoolDoctors, its parents, principals, subsidiaries, affiliates, licensors, and suppliers, and the officers, directors, employees, consultants, and agents of each, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses and fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from your use of our Service, your violation of these Terms of Use, or your violation of any rights of any other person or entity. We reserve the right to control the defense of any claim for which we are entitled to indemnification, and you agree to provide us with such cooperation as is reasonably requested by us.

Simply Stated: You are responsible for any claims resulting from your violation of these Terms of Use.

MISCELLANEOUS

These Terms of Use constitute the entire and final agreement between you and CoolDoctors and govern your access to our Service, superseding any prior agreements between us with respect to Terms of Use. The section titles in these Terms are for convenience only and have no legal or contractual effect. You may not assign any of your rights under these Terms, and any such attempt will be null and void. The validity, interpretation, construction and performance of these Terms of Use will be governed by the laws of the State of California, without giving effect to the principles of conflict of laws. Any dispute arising under or relating to these Terms of Use or the user of our service will be resolved solely and exclusively by final and binding arbitration in San Jose, California, under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security. The parties agree to the sole and exclusive personal and subject matter jurisdiction and sole and exclusive venue of the courts located in San Jose, California, for any action related to these Terms of Use or the use of our service. You may only resolve disputes with us on an individual basis and not as part of any class, consolidated, multi-party, or representative action. Our failure to enforce any provision of these Terms will not constitute a waiver of such right. If any provision is found to be invalid, the parties agree that the court or arbitrator should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action related to these Terms of Use or the use of our service must be filed within one year after such claim arose or be forever barred. You have no authority to act on behalf of or bind CoolDoctors in any way.

You agree to the use of electronic documents and records in connection with your registration, future transactions and communications involving our Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Any use of third-party software provided in connection with our Service, or any third-party product or service accessed or used in connection with our Service, will be governed by the applicable third-party’s license or terms of use, and not by these Terms of Use. If you access our Service from Apple’s App Store, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and as such, Apple will have the right to enforce this Agreement. In addition to this Agreement, your use of our Service must comply with all applicable third-party terms of agreement.

Any and all provisions of this Agreement that would reasonably be expected to be performed after the termination of this Agreement shall survive and be enforceable after such termination, including, without limitation, provisions relating to ownership, indemnification, limitation of liability and governing law.

Simply Stated: Any dispute related to these Terms of Use that cannot be resolved informally will be resolved by binding arbitration in San Jose, California, under the rules of the American Arbitration Association. However, please contact us if you have any issues, and we will do our best to take care of them for you. Your satisfaction is our top priority.

LAST REVISED

February 2, 2016