Terms of Use

ATTENTION: PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY USING OR ACCESSING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU: HAVE READ AND UNDERSTOOD THE TERMS OF USE AND RELATED PRIVACY POLICY;ARE AT LEAST EIGHTEEN (18) YEARS OLD AND HAVE THE LEGAL AUTHORITY TO ACCEPT THE TERMS OF USE; AND AGREE TO BE LEGALLY BOUND BY THE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE AND THE RELATED PRIVACY POLICY, DO NOT USE THIS WEBSITE. THIS IS A LEGALLY BINDING AGREEMENT. YOU SHOULD REVIEW THESE TERMS OF USE PERIODICALLY AS THEY MAY BE REVISED FROM TIME TO TIME.

Thank you for reviewing these Terms of Use (“Terms of Use”), which create a legal agreement between you (the "User") and FastMed Urgent Care ("FastMed”) for use of the website, www.fastmed.com (the "Site"). The Site is operated from the United States of America on behalf of FastMed. If User chooses to access the Site from locations outside the U.S., such conduct is at User’s own risk and subject to the laws of the United States of America, and User is responsible for compliance with any local laws. User may not use or export anything (including information) from the Site in violation of U.S. export laws, regulations or these Terms of Use.

1.                 USE OF SITE AND RESTRICTIONS. User is authorized to view and download the materials contained within the Site (“Content”) for personal non-commercial use only, provided User does not remove, alter or obscure any copyright and other proprietary notices contained in the original materials on any copies of the materials. FastMed, or its licensor, is the exclusive owner of all Content displayed on or available through the Site, including any images or text, and Content may not be distributed, reproduced, publicly displayed, downloaded, modified, reused, reposted or otherwise used except as provided herein without the express prior written permission of FastMed. If User breaches any of these Terms of Use, authorization to use this Site automatically terminates and User must immediately destroy any downloaded or printed materials. FastMed also reserves the right to terminate authorization to use any services within the Site and to delete any one or more related User accounts immediately and at any time if User breaches or threatens to breach any of these Terms of Use.

1.1.             User Comments. FastMed may provide User with the ability to post, transmit or otherwise exchange information for the limited purpose of sharing ideas, suggestions, feedback and information through the Site. FastMed has no obligation to monitor such information or other user-generated Content (collectively, “Comments”). User must assume that Comments shared will be visible to other users of the Site and may be transmitted by other users of the Site to others not using or connected with the Site. FastMed has no control over and is not responsible for the use or distribution of Comments. User agrees that FastMed or any of its affiliates may use their Comments for any purpose whatsoever. Further, User agrees that any intellectual property discovered, invented, derived from, or based upon, FastMed’s use of such Comments shall be owned exclusively by FastMed. FastMed is and shall be under no obligation to: (i) maintain any Comments in confidence; (ii) pay User or any other party any compensation for any Comments; or (iii) respond to any Comments.

1.2.             Representations Regarding User Comments. User represents and warrants that User has all rights and licenses to post any and all materials User posts on the Site, including, without limitation, any Comments. User also represents and warrants that Comments submitted do not infringe or misappropriate any patent, trademark, copyright, trade secret or other intellectual property right, or violate the right of privacy or publicity of any third party or is defamatory or disparaging of any person or entity. User further represents that no communications or materials submitted to the Site, including Comments, will be unlawful, abusive or obscene. User is and shall remain solely responsible for all Comments, as well as any other communications or materials that User posts or transmits. User hereby agrees to defend, indemnify and hold harmless FastMed and its affiliates from any and all claims, losses, damages, fines, penalties, costs, expenses and liabilities (including, without limitation, attorneys' fees) arising out of all claims of any nature or kind based on any breach of the foregoing warranty.

1.3.             Accuracy of Content. While FastMed strives to provide accurate information, there is no guarantee that Content presented through the Site will be accurate, timely or complete. Further, FastMed is not responsible for the accuracy of any Comments. FastMed shall not be responsible for any consequences arising from User’s reliance on the accuracy of any Content, including Comments, contained within the Site.

1.4.             No Medical Advice. User fully understands and acknowledges that Content is not intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease, injury or other conditions. Further, Content is not intended to replace consultation with a licensed health care professional. User understands and acknowledges that FastMed shall not be held liable for any claims, including personal injury or death, arising from or in any way relating to use of the Content presented through the Site.

1.5.             Removal of Content. FastMed shall have the right, but not the obligation, in its sole discretion to refuse, monitor or remove any Content, including Comments, contained within the Site. FastMed expressly disclaims all responsibility or liability to any person or entity for the performance or nonperformance of such content review.

2.                 LINKS TO OTHER WEBSITES. Links to third party websites on the Site are provided solely as a convenience to User and such linking does not mean, and should not be interpreted to mean, that FastMed endorses, is affiliated with, or makes any representations concerning such third party websites. FastMed neither reviews, nor controls, nor is responsible for these third party sites or any content therein. By using these links, User will leave the Site. If User decides to access any of the third party sites linked to this Site, such conduct is at User’s own risk.

2.1.             Online Appointment Scheduling. Through third-party entity, Practice Velocity, LLC or such other third-party entity as FastMed may from time to time utilize for this function, FastMed provides User with the convenience of an online appointment scheduling system. Although accessible through the Site, this feature is hosted on a third party website. Information provided by User through this feature will be governed by such third party’s separate terms of use and privacy policy. As with any third party website, User should exercise care in disclosing information. FastMed shall not be liable for any consequences arising from use of the online appointment scheduling system.

2.2.             Online Bill Payment. Through third-party entity, Skipjack Financial Services, Inc., PayPal, Inc. or such other third-party entity as FastMed may from time to time utilize for this function, FastMed provides User with the convenience of an online bill payment system. Although accessible through the Site, this feature is hosted on a third party website. Information provided by User through this feature will be governed by such third party’s separate terms of use and privacy policy. As with any third party website, User should exercise care in disclosing information. FastMed shall not be liable for any consequences arising from use of the online bill payment system.

3.                 PROHIBITED BEHAVIOR. FastMed is under no obligation to review or monitor, and assumes no responsibility or liability arising from activities occurring on the Site. User is responsible for all information, including Comments, uploaded, posted, emailed or otherwise transmitted using the Site. User is responsible for respecting the rights of FastMed and third parties with respect to Content that appears on the Site and agrees not to download, email or otherwise transmit such Content in violation of the rights of FastMed or third parties, as applicable. User agrees to use the Site solely to accommodate personal, non-commercial needs.

Further, User agrees not to use the Site to do any of the following (collectively, “Prohibited Behavior”):

  • Upload, post, email or otherwise transmit:
  • Impersonate another person or entity, including without limitation, a representative of FastMed or its officers, directors, employees or agents, falsely represent or misrepresent affiliation with another person or entity, or otherwise manipulate identifiers that would disguise the origin of any information transmitted to or through the Site;
  • Disrupt or interfere with the Site in any manner that may adversely affect FastMed or any third party, including excessive use of services which impair the fair use of others;
  • Engage in any activities that do or are designed to harass or make any computer resource unavailable to its intended users (i.e., denial-of-service attacks);
  • Harm minors in any way, including through any form of child pornography. Such use may be reported to the appropriate legal authorities and/or the User’s ISP may be contacted; or
  • Engage in any activity that violates any local, state or federal law or regulation or the law or regulation of any foreign government.
    • any material that contains personal or private information concerning any third party person or entity, including without limitation, phone numbers or addresses, credit/debit cards, calling cards, account numbers, social security numbers, passwords or other similar information, except as permitted by law;
    • any material that infringes or violates any patent, trademark, trade secret, copyright or other intellectual property right, privacy right or publicity right of any person or entity;
    • any material that is illegal, harmful, threatening, abusive, harassing, tortuous, defamatory, disparaging, vulgar, obscene, libelous, pornographic, sexually explicit, invasive of another’s privacy, hateful or racially, ethnically or otherwise offensive;
    • any unsolicited or unauthorized advertising or promotional materials, including without limitation, initiation or perpetuation of any “Spam,” “Junk Mail,” chain letters or any other potentially objectionable or unlawful form of unsolicited communication;
    • any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt or limit the functionality of any computer hardware, computer software or telecommunications equipment or facility;

4.                 TERMINATION. Without limiting other remedies, FastMed may immediately issue a warning, suspend (i.e., lockout access to the Site), restrict either temporarily or indefinitely, or terminate a User account if FastMed believes that: (i) User has violated or acted inconsistently with these Terms of Use, or any of its policies; or (ii) User’s actions may cause legal liability for FastMed, our affiliates, third parties or the User.

FastMed may also, in its sole discretion and at any time, discontinue providing access to the Site, or any part thereof, with or without notice. User agrees that access to the Site under any provision of these Terms of Use may be terminated without prior notice. Further, User agrees that FastMed shall not be liable to User or any third-party for any termination of access to the Site.

Upon termination of this agreement by either User or FastMed, all User rights under this agreement will terminate immediately.

5.                  INDEMNIFICATION. User agrees to defend, indemnify and hold FastMed harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to their use or misuse of the Site.

6.                 DISCLAIMER. THE USE OF THE SITE IS SOLELY AT YOUR OWN RISK. ALL INFORMATION, INCLUDING ANY CONTENT, PROVIDED ON THE SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. FASTMED DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

7.                  LIMITATION OF LIABILITIES. NEITHER FASTMED NOR ANY OF ITS AFFILIATES, LICENSORS, AGENTS OR CONTRACTORS IN CONNECTION WITH THIS SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THE SITE OR ANY WEBSITES LINKED TO THIS SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT OF ANY OR ALL SUCH SITES WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE IS TO CEASE USE OF THE SITE. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE.

8.                  INTELLECTUAL PROPERTY RIGHTS. All rights, title and interest worldwide, including all associated intellectual property rights in and to the Site, including any images or text, audio or video or other content made available by FastMed through the Site are owned by FastMed or its licensors. The Site is protected by the copyright laws of the United States and international copyright treaties, and other intellectual property rights laws. Nothing in these Terms of Use transfers any proprietary rights to User. User may not take any action to jeopardize, limit or interfere with any rights in the Site. User agrees that all title and proprietary rights in and to any third-party content that is not contained in the Site, but may be accessed through use of the Site, is the property of the respective content owners and subject to applicable copyright or other intellectual property laws and treaties.

9.                  USE OF TRADEMARKS. The FastMed name, logo and combination thereof, among others, are trademarks of FastMed. Other parties' trademarks or service marks displayed on the Site are the property of their respective owners. User agrees not to use or display trademarks without the prior written consent of FastMed or the owner of such mark. Also, FastMed regards the use of its registered and unregistered trademarks and service marks in metatags and/or hidden text as trademark infringement, and treats the use of these terms in page text, metatags and/or hidden text for purposes of gaining higher rankings from search engines as unfair competition.

10.              APPLICABLE LAWS AND VENUE. This Site and these Terms of Use (including without limitation the validity, construction and performance of duties related to the Terms of Use) is governed by and construed in accordance with the laws of the United States of America and the laws of the State of North Carolina without giving effect to any principles of conflicts of laws. FastMed makes no representation that materials or services at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. Venue with respect to any dispute (not subject to arbitration as provided below) between FastMed and User will rest exclusively in the state or federal courts located in Raleigh, North Carolina unless such venue would deprive User of any remedy, at law or in equity, which would otherwise be available in User’s state of residence. User agrees that any cause of action or claim that User may have relating to this Site must be made or instituted within one year of when the cause of action or claim accrued.

11.              DISPUTE RESOLUTION. User shall first contact FastMed at info@fastmed.com regarding any claim or controversy arising out of or relating to these Terms of Use, or any breach thereof. In the event such claim or controversy cannot be resolved informally, User and FastMed agree to try in good faith to settle the dispute by mediation under the Commercial Mediation Rules of the American Arbitration Association, before resorting to arbitration.

Any claim or controversy arising out of or relating to these Terms of Use, or any breach thereof, except such claims or controversies for which injunctive relief is available, that cannot be resolved by mediation within 30 days shall be finally settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules including the Supplementary Procedures for Consumer-Related Disputes (collectively, “AAA Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The AAA Rules are available online at adr.org or by calling 1-800-778-7879. User agrees that, by accepting these Terms of Use, User and FastMed are each waiving the right to a trial by jury or to participate in a class action. These Terms of Use evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision.

Unless FastMed and User agree otherwise, any arbitration hearings will take place in the county (or parish) of User’s residence. If the claim or controversy is for $10,000 or less, FastMed agrees that User 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.

12.              COMPLETE AGREEMENT. Except as expressly provided in any separate license, service or other written agreement between FastMed and User, these Terms of Use constitute the entire agreement between FastMed and User with respect to the use of the Site, and related information and materials. Further, these Terms of Use supersede all discussions, communications, conversations and agreements on the subject.

13.              MISCELLANEOUS PROVISIONS. There is no agency, partnership, joint venture, employee-employer or attorney-client relationship between any user and FastMed arising solely through the use of the Site. If any provision of the Terms of Use is invalid or unenforceable under applicable law, then it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. A waiver of a breach of any provision to this Terms of Use will not constitute a waiver of any other breach. User is not allowed to assign the Terms of Use or any rights hereunder. The English version of the Terms of Use may be translated into other languages. In the event of any conflict or inconsistency between the English version and any other language version of the Terms of Use, the English version shall prevail to the extent of such conflict or inconsistency.

14.              MODIFICATIONS TO THE TERMS OF USE. FastMed reserves the right to modify these Terms of Use at any time. FastMed will notify User by posting an amended version of the Terms of Use on the Site. Such modifications will become effective on the day they are posted. User is encouraged to frequently review the Terms of Use for any modifications as User will be deemed to have accepted such modifications by accessing the Site. If User does not agree with the Terms of Use as modified, User is no longer authorized to use the Site.

15.              QUESTIONS AND COMMENTS. If you have any questions or comments regarding these Terms of Use, please contact info@fastmed.com.

Effective Date: May 2, 2011