Last modified: 1 January 2018
The practice of telemedicine is intended to supplement and extend veterinary care where appropriate so that a greater number of animals receive the highest quality of medical attention in prompt fashion. Telemedicine is a valuable service for the equine industry, but is not intended to replace live on-site veterinary visits.
In order to maintain an effective, safe and trusted marketplace and to avoid use of the Site for unauthorized or unintended purposes, www.getsound.com and all related and affiliated websites (the “Site”) require you and all other users of the Site (each, a “User”) to agree to and comply with the terms of this Agreement (the “Terms”). This Client Membership Agreement (“Agreement”) is part of and incorporates by reference the User Agreement and the other Terms of Service. Your continued use of the Site after the last modified date will signify your acceptance of this Agreement. You are also independently responsible for complying with all applicable laws related to your use of the Site or the Site Services whether or not covered by the Terms. Capitalized terms not defined in this Agreement are defined in the User Agreement, elsewhere in the Terms of Service, or have the meanings given such terms on the Site.
Informed Consent to Practice Telemedicine
1.1 VETERINARY-CLIENT-PATIENT RELATIONSHIP (VCPR)
Telehealth, Telemedical and Teleconsultation Services you receive from your veterinarian are not intended to replace a Veterinary-Client-Patient Relationship (VCPR) or serve as your permanent medical home.
1.2 EMERGENCY CARE
You should seek immediate local assistance in the event of a veterinary medical emergency. Arrangements for immediate and follow-up evaluations may be arranged through GetSound.com, but must directly involve a primary veterinarian maintaining an appropriate VCPR.
1.3 INHERENT RISKS ASSOCIATED WITH ELECTRONIC COMMUNICATION IN THE PRACTICE OF TELEMEDICINE
As with any health service, there are potential risks associated with the implementation of Veterinary Telehealth. These risks include, but are not limited to:
- Compromised Image Acquisition and Transmission. In rare cases, transmitted images may not be of sufficient quality to allow for accurate evaluation and appropriate diagnostic and treatment planning.
- Delayed Image Acquisition and Transmission. Delays in evaluation or treatment could occur due to failures of the electronic equipment implemented during telemedical assessment. If this happens, you may be contacted by phone or other means of communication.
- Medical Record Inaccessibility. In rare cases, the inability to access medical records may result in adverse drug interactions or allergic reactions or other medical judgment errors.
GetSound.com does not work directly with Equine Health Insurance Companies, and is not responsible for contacting any Health Insurance Company nor filing or collecting insurance claims related to Equine Telehealth Services. By using the Site its Services, you assume full responsibility for satisfying all costs associated with GetSound.com Telemedical Services, regardless of related insurance policies or claims.
1.5 RIGHT OF SERVICE REFUSAL
The Professional Member summoned for GetSound.com Services may determine, by their own discretion, that Telemedical or Teleconsulting Evaluation is not appropriate in some cases. You understand that every GetSound.com Professional maintains the right to refuse Telemedical Services for any reason. In this event, you may choose to select an alternate GetSound Professional to perform the Consultation.
In the event that you have selected “I do not currently have a primary veterinarian” in your Client Profile, the GetSound.com consulting veterinarian may be exposed to legal ramifications if they do not (personally) maintain a VCPR with your and your animal. Many GetSound.com professionals may choose not to provide service under these circumstances.
You agree that you will not disparage or defame any Professional’s character and work as a consequence of Telemedical Service refusal, and that such action may result in termination of your GetSound.com Membership.
1.6 THE NATURE OF GETSOUND.COM COMMUNICATIONS
Information or advice considered to be part of a Telemedical Consultation will be recorded in the User’s Consultation History. Information or advice provided outside the Service Contract or by a Non-Professional Member (such as a Customer Service Agent) of GetSound.com should not be interpreted to reflect the evaluation, diagnosis, treatment or performance management of your horse.
You should not rely on GetSound.com Customer Service or Customer Support to provide any information regarding the health, soundness or wellness of your horse. In the event of a medical emergency, contact your local primary veterinary caretaker.
You understand and agree that any GetSound.com communication outside of the Service Contract does not establish a provider-patient relationship nor constitute diagnostic, treatment or medical advice.
2. Prohibited Use of the Site
The uses described in these Terms are prohibited regardless of where on the Site they occur.
2.1 ILLEGAL, FRAUDULENT, HARMFUL, OR OFFENSIVE USES
You may not use, or encourage, promote, facilitate, or instruct or induce others to use, the Site or Services for any activities that violate any law, statute, ordinance or regulation; for any other illegal, fraudulent, harmful, or offensive purpose; or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive.
Examples of prohibited uses of the Site or Site Services include:
- Seeking, offering, or endorsing illegal, obscene, or pornographic services or activities.
- Posting content that is offensive, defamatory, profane, vulgar, obscene, threatening, discriminatory, illegal, pornographic, obscene or sexually explicit in nature.
- Seeking, offering, or endorsing any services that would violate GetSound.com’s Terms of Service or the terms of service of another website or any other contractual obligations.
- Seeking, offering, or endorsing any services that violate the academic policies of any educational institution.
- Expressing a preference in a service contract or otherwise unlawfully discriminating on the basis of race, religion, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, military/veteran status or any basis protected by applicable law.
- Posting content that is harassing towards another person or violates the rights of a third party.
- Posting identifying information concerning another person.
- Making or demanding bribes.
- Making or demanding payments without the intention of providing or receiving services in exchange for the payment.
- Spamming other Users.
- Using any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or collecting or harvesting any personally identifiable information, including Account names, from the Site.
- Engaging in any conduct that is reasonably likely to or that is intended to harm the Site, including (i) imposing an unreasonable or disproportionately large load (in our sole discretion) on the Site’s infrastructure; (ii) interfering or attempting to interfere with the proper operation of the Site or Site Services or any activities conducted on the Site; (iii) bypassing any measures we may use to prevent or restrict access to the Site or any subparts of the Site, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein; or (iv) attempting to interfere with or compromise the system integrity or security or decipher any transmissions to or from the servers running the Site.
2.2 USING THE SITE FOR UNINTENDED PURPOSES
GetSound.com makes the Site and Services available for Clients and Equine Professionals to find one another, enter into service relationships, make and receive payments through escrow, and receive and perform Professional Telemedical Services. Users are expected to use the Site and Services for their intended purposes and Users may not use the Site and Services in contravention of their intended purposes. The following are examples of prohibited use of the Site:
- Offering services for the sole purpose of obtaining positive feedback of any kind.
- Requesting, demanding, or receiving free services.
- Withholding payment or Work Product or engaging in any other conduct for the purpose of obtaining positive feedback from another User.
- Attempting to falsify, manipulate, or coerce another User by threatening to post negative feedback.
- Misusing the feedback feature to express views unrelated to the work, such as political, religious, or social commentary.
- Duplicating or sharing membership accounts.
- Selling, trading, or giving a membership account to another person without GetSound.com’s consent.
- Processing payment outside of GetSound.com in violation of the Terms of Service.
- Advertising products or services that are outside or beyond the scope of the GetSound.com marketplace.
- Advertising on GetSound.com to recruit Professionals to join a Corporate Entity (such as a veterinary practice or farrier association) or another website or company.
2.3 USING THE SITE TO POST FALSE OR MISLEADING CONTENT
All profiles, Service Contracts and other content posted to the Site must be truthful and not misleading. Here are examples of prohibited uses:
- Misrepresenting a User’s identity or information.
- Impersonating any person or entity, including, but not limited to, a GetSound.com representative, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
- Falsely attributing verbal or written statements to any GetSound.com representative.
- Allowing another person to use your account.
- Falsely stating or implying a relationship with GetSound.com or with another company with whom you do not have a relationship.
- Falsely stating or implying a relationship with another User, such as a veterinarian or Corporate Entity (such as a veterinary practice or teaching hospital).
We reserve the right, but do not assume the obligation, to investigate any violation of these Terms. We may investigate violations and may remove, disable access to, or modify any content that violates these Terms.
We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate User information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of these Terms.
“Telehealth” refers to the overarching term that encompasses all uses of technology geared to remotely deliver health information, education, or care.
“Telemedicine” is a subcategory of telehealth and refers to a tool, or use of a tool, to augment the practice of veterinary medicine. The GetSound.com App, which enables the visual assessment of an animal as part of the communication between a professional and client, is an example.
“Teleconsulting” is a subcategory of telehealth that occurs when a primary (local) veterinarian utilizes telehealth tools to communicate with a second (remote) veterinarian for the purpose of gaining insights and advice with respect to the medical care of a specific patient.