Effective: January 1st, 2018
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
The Platform provides you access to certain telemedicine services and consultations (“Services”) provided by Providers. Such Services will be governed by arrangements between you and the particular Provider. “Providers” means physicians, healthcare providers and any other licensed professional that provide the Services through the Platform. KnowNow does not provide any Providers’ Services itself. The Providers are independent of KnowNow and use the Service as a way to communicate with you. Any information or advice received from a Provider comes from them alone, and not from KnowNow. Your interactions with the Providers via the Service are not intended to take the place of your relationship with your regular health care practitioners. Neither KnowNow, nor any of its subsidiaries or affiliates or any third party who may promote the Service or provide a link to the Service, shall be liable for any professional advice obtained from a Provider via the Service or for any other information obtained through the Platform. KnowNow does not endorse any specific tests, physicians, medications, products or procedures that are recommended by Providers that may use KnowNow to communicate with you. You acknowledge that your reliance on any healthcare providers or information provided by the Providers via the Service is solely at your own risk and you assume full responsibility for all risk associated herewith.
KnowNow does not make any representations or warranties about the training or skill of any Providers who provide the Services. You will be provided with a list of available Providers located in the particular state within the U. S. based solely on the information you provide to KnowNow. You are ultimately responsible for choosing your particular healthcare provider.
Ownership of the Platform and Content
The Platform, including content included with and/or displayed on this Platform, including the text, graphics, logos, button icons, images, video and audio clips, digital downloads, data compilations and software, (collectively, “Content”), is the property of KnowNow, the Providers or our or their respective affiliates or vendors and is protected under applicable United States and international patent, copyright, trademark and other intellectual property laws. The compilation of all Content on this Platform, as well as the original arrangement, organization, design, formatting, trade dress, look and feel of the Platform is also the exclusive property of KnowNow, the Providers or our or their respective affiliates or vendors and is also protected by United States and international intellectual property laws. This Platform may contain various third-party names and marks that are the property of their respective owners. Any unauthorized use of our intellectual property, including, without limitation, our marks, our copyrighted material, and our trade dress, is strictly prohibited and may be prosecuted to the fullest extent that the law provides.
License and Access
We hereby grant you a limited, nonexclusive, revocable, non-assignable, nontransferable authorization to view and use the Platform and any Content contained on this Platform solely for your own personal or internal use, provided that it is used for informational and non-commercial purposes only. The use of this Platform or any Content for commercial purposes is expressly prohibited.
No Medical Advice
The Platform should never be used for urgent health care matters. If you are experiencing an urgent health matter or otherwise need immediate attention, call 911.
The Content made available to you on this Platform is to be used for informational purposes only and to provide you access to the Services. We do not warrant or guarantee the accuracy, completeness, adequacy, or currency of the Content, nor do we endorse any views or opinions that may be included in the Content or other information available through the Platform.
THE CONTENT OF THE PLATFORM, INCLUDING WITHOUT LIMITATION, TEXT, COPY, AUDIO, VIDEO, PHOTOGRAPHS, ILLUSTRATIONS, GRAPHICS AND OTHER VISUALS, IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR RECOMMENDATIONS OF ANY KIND. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR QUALIFIED HEATH CARE PROFESSIONALS WITH ANY QUESTIONS OR CONCERNS YOU MAY HAVE REGARDING YOUR INDIVIDUAL NEEDS AND ANY MEDICAL CONDITIONS. ALL INFORMATION PROVIDED BY KNOWNOW OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY KNOWNOW, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS WITH PROVIDERS THROUGH THE PLATFORM IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND IS IN NO WAY INTENDED TO CREATE A PHYSICIAN – PATIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW. THE PLATFORM AND SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT. RELIANCE ON ANY INFORMATION APPEARING ON THE SITE, WHETHER PROVIDED BY KNOWNOW, ITS CONTENT PROVIDERS, MEDICAL EXPERTS, CLIENTS, VISITORS TO THE SITE OR OTHERS, IS SOLELY AT YOUR OWN RISK. WHILE KNOWNOW FACILITATES YOUR SELECTION OF, COMMUNICATIONS WITH AND OTHER INTERACTIONS WITH PHYSICIANS, KNOWNOW DOES NOT PROVIDE MEDICAL SERVICES AND THE DOCTOR-PATIENT RELATIONSHIP IS BETWEEN YOU AND THE HEALTHCARE PROVIDER YOU SELECT. ALL HEALTHCARE PROVIDERS IDENTIFIED OR ACCESSIBLE ON THE SITE ARE INDEPENDENT PROVIDERS.
By using and accessing the Platform, you acknowledge and agree that you must NOT:
use the Platform for any illegal or unauthorized purpose, including using the Platform in a manner that intentionally or unintentionally violates any applicable local, state, national or international law, or for any purpose that infringes any patent, trademark, trade secret, copyright, right of publicity or other proprietary right of any party;
use the Platform for any purpose that victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability, or use the Platform to harm or exploit minors in any way;
engage in any activity or use any device, software, or routine that interferes with or disrupts the Platform (or the servers and networks which are connected to the Platform), or a user’s access to the Platform, or the Platform’s operations, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature, or by injecting content or code or otherwise alter or interfere with the way any part of the Platform is rendered or displayed in a user’s browser or device;
attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform;
impersonate any person or entity, including any employee or representative of us or otherwise misrepresents your affiliation with a person or entity;
modify, copy, sell, resell, rent, lease, loan, sublicense, redistribute, or create any derivative work of, any portion of the Platform, including any services included on the Platform;
use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Platform, deep-link to any feature or content on the Platform, bypass, circumvent, disable or otherwise interfere with our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform or copying of any Content or enforce limitations on use of the Platform and the Content on the Platform;
collect or stores personal data about other users or use another user’s account without permission, or solicit, collect or use the login credentials of other users, or provide false or misleading information during registration process for accessing Protected Areas;
sell, transfer, license or assign your user account, username, or any account rights, if any, to any third party;
use the Platform for any purpose that constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation or any form of lottery or gambling.
User Content and Feedback
In addition, should you send us postings, feedback, or data about our Platform, use of our Platform, or the Services, such as ideas, comments, suggestions, or questions, (collectively, “Feedback”), such Feedback will not be given confidential treatment. By sending us any Feedback, you agreed to assign and you hereby assign such Feedback (along with any underlying or related ideas, concepts, techniques and know-how) to KnowNow without charge. You further agree to take all acts reasonably requested by KnowNow to confirm KnowNow’s ownership of such items. As the sole and exclusive owner of such Feedback, KnowNow will be free to reproduce, copy, use, disclose and distribute the information to others including without limitation incorporating your postings, feedback or data (and any underlying or related ideas, concepts, techniques and know-how) into any KnowNow product or service or this Platform without any obligation or compensation to you of any kind.
Some areas of the Platform and some Content or User Content may contain material that is inappropriate for minors. We are not and will not be liable for any content or user content that may be offensive, indecent, vulgar, defamatory or otherwise objectionable.
Third Party Websites
This Platform may contain links to, or be accessed through links on, websites managed and operated by or on behalf of independent third party entities, who are not a part of KnowNow or agents of KnowNow. We do not have control over such third party websites or the content of such websites. As a result, we do not have responsibility for the information, misinformation, errors, availability, operation or performance of any such third party website.
Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name or otherwise does not constitute or imply the endorsement or recommendation of such by us. Any views expressed by third parties on this Platform are solely the views of such third party and we assume no responsibility for the accuracy or veracity of any statement made by such third party.
It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Platform, you do this entirely at your own risk. You agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use of or your reliance on any of these third party’s presentations, content, goods or services made available through the third party site or resource.
This Platform may be unavailable from time to time due to mechanical, telecommunication, software, and third-party vendor failures. KnowNow cannot predict or control when such downtime may occur and cannot control the duration of such downtime. Reasonable efforts are taken to ensure the accuracy and integrity of information and related materials provided by KnowNow on this Platform, but KnowNow is not responsible for misprints, out-of-date information, technical or pricing inaccuracies, typographical or other errors. Information and related materials are subject to change without notice. As a result, KnowNow cannot and does not have any liability for such failures or errors.
THIS PLATFORM, THE CONTENT, AND ALL INFORMATION, SERVICES AND RELATED MATERIALS IT CONTAINS ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS.” KNOWNOW AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, CURRENCY, OR ADEQUACY OF, OR THE SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THIS PLATFORM, THE SERVICES, OR THE INFORMATION OR MATERIALS IT CONTAINS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, KNOWNOW AND ITS RESPECTIVE AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS PLATFORM, THE CONTENT, THE SERVICES, AND THE INFORMATION AND MATERIALS CONTAINED ON THIS PLATFORM, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED, THAT THIS PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE.
IN ADDITION, USE OF THE INTERNET IS INHERENTLY UNRELIABLE AND UNSECURE. THE INTERNET IS SUBJECT TO OUTAGES, COMMUNICATION AND DATA FLOW FAILURES, INTERRUPTIONS AND DELAYS INHERENT IN INTERNET COMMUNICATIONS. YOU RECOGNIZE THAT PROBLEMS WITH THE INTERNET, INCLUDING EQUIPMENT, SOFTWARE AND NETWORK FAILURES, IMPAIRMENTS OR CONGESTION OR THE CONFIGURATION OF YOUR COMPUTER SYSTEMS, MAY PREVENT, INTERRUPT OR DELAY YOUR ACCESS TO THE PLATFORM. KNOWNOW AND ITS AFFILIATES ARE NOT LIABLE FOR ANY DELAYS, INTERRUPTIONS, SUSPENSIONS OR UNAVAILABILITY OF THE PLATFORM, OR ANY PORTION OF THE PLATFORM, ATTRIBUTABLE TO PROBLEMS WITH THE INTERNET OR CONFIGURATION OF YOUR COMPUTER SYSTEMS. THERE IS NO WARRANTY OR GUARANTEE THAT ACCESS OR USE OF THE PLATFORM OR ACCESS TO SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
NO ADVICE OR INFORMATION FROM KNOWNOW IN ANY MANNER WILL CREATE ANY WARRANTY AS TO THIS PLATFORM OR ANY PRODUCT, SERVICE OR MATERIAL AVAILABLE THROUGH THIS PLATFORM. IF FOR ANY REASON YOU ARE NOT SATISFIED WITH THIS PLATFORM OR ITS CONTENT, YOUR SOLE REMEDY IS TO CEASE USING THIS PLATFORM OR SUCH CONTENT, EVEN IF SUCH REMEDY SHOULD FAIL OF ITS ESSENTIAL PURPOSE. KNOWNOW AND ITS AFFILIATES DO NOT MAKE ANY WARRANTY OR REPRESENTATION REGARDING (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PLATFORM, (B) ANY CONTENT OBTAINED FROM THE PLATFORM OR (C) THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED FROM THE PLATFORM.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE EXTENT ALLOWED BY LAW, IN NO EVENT WILL KNOWNOW, THE PROVIDERS, OR ANY OF OUR OR THEIR RESPECTIVE VENDORS, AFFILIATES, OFFICERS, MEMBERS, REPRESENTATIVES, SUPPLIERS, DIRECTORS, EMPLOYEES, CONSULTANTS, OWNERS, OR AGENTS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOSS OF USE, DATA, INFORMATION, PROFITS, BUSINESS, REVENUE, EXPECTED SAVINGS OR BUSINESS INTERRUPTION, OR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR OTHERWISE RELATED TO (I) THIS PLATFORM, (II) THE USE OR PERFORMANCE OF THIS PLATFORM OR ANY LINKED WEBSITE OR ANY CONTENT OR OTHER MATERIAL OR INFORMATION OBTAINED THROUGH THIS PLATFORM, OR (III) OTHERWISE ARISING OUT OF THE SERVICES OR THE USE OR THE INABILITY TO USE THIS PLATFORM, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KNOWNOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE OTHERWISE FORESEEABLE. YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF SUCH DAMAGE IS TO DISCONTINUE YOUR ACCESS TO AND USE OF THIS PLATFORM. NOTWITHSTANDING THE FOREGOING, IN ANY EVENT, THE AGGREGATE LIABILITY OF KNOWNOW, THE PROVIDERS AND OUR OR THEIR AFFILIATES AND VENDORS, FOR ANY REASON, SHALL NOT EXCEED $100.00 U.S. DOLLARS, EVEN IF SUCH REMEDY SHOULD FAIL OF ITS ESSENTIAL PURPOSE.
ALL SERVICES ARE PROVIDED BY THE PROVIDERS PURSUANT TO THE PROVIDER’S TERMS OF SERVICE AND KNOWNOW HAS NO RESPONSIBILITY OR LIABILITY FOR THE PERFORMANCE OF THOSE SERVICES BY THE PROVIDERS.
You shall first contact us at KnowNOW 492C #533 Cedar Lane, Teaneck NJ 07666 or at:
Unless you and KnowNow agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence. If the claim or controversy is for $10,000 or less, KnowNow agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator(s), through a telephonic hearing or by an in-person hearing as established by the AAA Rules. If the claim or controversy exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the award of the arbitrator(s) shall be accompanied by a statement of the reasons upon which the award is based.
Copyright and Copyright Notices
We respect the intellectual property of others, and we ask our users to do the same. We will promptly review and remove Content from the Platform if properly notified that the materials infringe a third party’s copyright. In addition, we may, in appropriate circumstances, terminate the accounts of repeat copyright infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:
an electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the website sufficient to allow us to locate the allegedly infringing material;
your name and contact information (including address, telephone number and e-mail address);
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please contact our Copyright Agent for Notice of Claims of copyright infringement at:
Scott M. Thomas, Esq.
Thomas Law Firm PLLC
175 Varick Street
New York, NY 10014
P: (212) 203-9975
F: (212) 203-9913