This Privacy Policy governs how PurposeMed Inc. (“Freddie,” “us,” “we, “or “our”) collects, uses, discloses and otherwise manages your Personal Information and your Personal Health Information (collectively, “Information”). For the purposes of this Privacy Policy, “Personal Information” includes your name, phone number, email address, gender birth date and internet protocol (IP) address used to connect your computer to the internet, but excludes Personal Health Information; “Personal Health Information” means information that is collected or created by our healthcare team in the course of providing healthcare services to you, including information concerning your physical or mental health history, health status, symptoms, diagnosis, laboratory testing results and diagnostic images, information concerning any healthcare service and advice provided to you by us, including referrals, recommended follow up or next steps, and other health-related information. This Privacy Policy applies to our privacy practices on (1) the Freddie website located at https://www.GoFreddie.com/ (the “Website”); (2) the Freddie online platform, and (3) all other services provided by Freddie, as described on the Website (collectively, the “Freddie Platform”).
COLLECTION AND USE OF INFORMATION
Freddie provides individuals with access to physicians (“Health Care Practitioners”) and personal health assistants (“PHAs”) by secure text, video and audio chat for virtual care consultations (“Health Services”), and related healthcare and administrative support services (“Support Services”) through the Freddie Platform (together referred to as “Services”). Other than for the purposes of facilitating the provision of Services by Health Care Practitioners and PHAs and purposes consistent therewith, Freddie does not collect and use Personal Health Information that is provided during virtual care consultations by clients to the Freddie Platform.
Provision of Services: Freddie collects and uses Information for the purpose of providing and facilitating the provision of the Services.
Registration on the Freddie Platform: You do not have to register in order to browse our Website. However, in order to use the Freddie Platform to receive Services, you will need to agree to the Terms of Use and provide your name and email address. You will also need to disclose information about your current health condition and health history to Health Care Practitioners and PHAs in order to enable them to provide you with appropriate Services. We use your Personal Information to identify who you are, communicate with you, and otherwise administer your use of the Freddie Platform to receive Services. Individuals under the age of majority may access Services at the discretion of Health Care Practitioners and PHAs, and in collaboration with a parent or legal guardian of the individual under the age of majority, as appropriate.
Quality of Care: If you receive Services, members of the Freddie team may review your Personal Health Information in order to evaluate and/or improve the quality of Services, including responding to any inquiries from you.
Technical Support: We may use your Personal Information in order to verify your account information in the context of providing you with technical support. When you speak to our technical support staff, all audio conversations will be recorded to ensure quality of service to you and for training purposes. For clarity, “technical support staff” does not include our Health Care Practitioners or PHAs. Your video and audio conversations with Health Care Practitioners and PHAs are never recorded.
Job Applications: If you apply for a job at Freddie, you may provide us with certain personal information about yourself (such as that contained in a resume, cover letter, or similar employment-related materials). We use this information for the purpose of processing and responding to your application for current and future career opportunities.
Contact Us: When you contact us with a comment, question or complaint, you may be asked for information that identifies you (such as your name, address and a telephone number) along with additional information we need to help us promptly answer your question or respond to your comment. We may retain this information to assist you in the future and to improve our customer service, service offerings, and the Freddie Platform.
DISCLOSURE OF YOUR INFORMATION
We will not rent, exchange or sell your Personal Information or your Personal Health Information.
We may transfer or disclose Information as follows:
Circle of Care: If you receive Services through the Freddie Platform, we may disclose your Information to and among Health Care Practitioners and PHAs for the purpose of providing or assisting in the provision of Services to you. We may disclose your Information to third parties such as other health professionals, specialists, pharmacists, pharmacies and laboratories for the purpose of providing or assisting in the provision of Services to you.
Service Provider Arrangements: In connection with the Freddie Platform and/or Services provided by Freddie, your Information may transit through third parties who provide services on our behalf. For example, we may use service providers to process payments, host our Website and store information on our behalf. Our service providers are given only the Information they need to perform their designated functions. For more information about the way in which our service providers treat personal information, contact us as set out in the “Contact Us” section below.
Sale of Business: Freddie may transfer Information as an asset in connection with a proposed or completed merger or sale (including transfers made as part of insolvency or bankruptcy proceeding) involving all or part of Freddie or as part of a corporate reorganization or other change in corporate control.
Legal: Freddie and our affiliates and service providers may disclose Information to third parties where required or permitted by applicable law (which may include access by courts, law enforcement and national security authorities in Canada).
INFORMATION ABOUT OUR PLATFORM
As you use the Freddie Platform, certain Personal Information may be passively collected by Cookies, navigational data like Uniform Resource Locators (URLs) and third party tracking services, including:
Access Device and Browser Information: When you access the Freddie Platform from a computer or other device, we may collect information from that device, such as your Internet protocol address (IP address), browser type, connection speed and access times (collectively, “Usage Information”). We use Usage Information in order to improve our products and services and to protect your data from unauthorized access.
Cookies: The Freddie Platform uses a technology called “cookies”. A cookie is a tiny element of data that the Freddie Platform sends to your browser, which may then be stored on your hard drive so that we can recognize your browser when you return. We use cookies to remember your preferences and to authenticate you. You may set your browser to notify you when you receive a cookie or to not accept certain cookies. However, if you decide not to accept cookies from the Freddie Platform, you may not be able to take advantage of all of the features of the Freddie Platform.
Device and Usage Information: We may also collect device-related information from your mobile device or computer. This information is used to help us authenticate you, deliver content appropriate for your device’s capabilities, and to deliver push notifications to notify you about activity on your account, such as messages from our Health Care Practitioners. Examples of information that may be collected and used include your device’s unique identifier, manufacturer, model, and operating system version. In addition, in the event our application(s) crash(es) on your mobile device we may receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our application(s).
Real-Time Video and Audio Conversations: You may be required to connect with Health Care Practitioners and PHAs through a real-time video and audio call to receive certain Health Services such as diagnoses and advice, and to verify your identity. All video and audio calls conducted through the Freddie Platform are confidential and end-to-end encrypted and accessible only to you and the Health Care Practitioners and PHAs responsible for your care. These calls are never recorded or stored and cannot be accessed at a later date.
Text-based Chat: No Personal Health Information will be requested during these conversations.
Third Party Links: The Freddie Platform may contain links to other websites or platforms that Freddie does not own or operate. Also, links to the Freddie Platform may be featured on third party websites or platforms on which we advertise. Except as provided in this Privacy Policy, we will not provide Information to these third parties without your consent. We provide links to third party websites or platforms as a convenience to our users. These links are not intended as an endorsement of, or referral to, the linked websites or platforms. The linked websites or platforms have separate and independent privacy statements, notices and terms of use. We do not have any control over such websites or platforms, and therefore we have no responsibility or liability for the manner in which the organizations that operate such linked websites or platforms may collect, use or disclose, secure and otherwise treat personal information.
SECURITY OF INFORMATION
We understand that data security is a critical issue for our clients and we are committed to safeguarding the Information in our custody and under our control.
Freddie has implemented a comprehensive information security program that includes written policies and procedures, and security controls. We have implemented reasonable administrative, technical and physical safeguards in an effort to protect against unauthorized access, use, loss, modification and disclosure, of Information in our custody and control.
Freddie’s security policies, procedures, and controls are tested and audited by a third party on an ongoing basis, using industry-standard practices.
Our privacy practices are intended to comply with applicable privacy laws, including without limitation, the Alberta Personal Health Information Act (“HIA”), the Act Respecting the Protection of Personal Information in the Private Sector (Québec) (“Québec Privacy Act”), Saskatchewan Health Information Act ("HIPA"), Ontario Personal Health Information Act ("PHIPA") and the Personal Information Protection and Electronic Documents Act (Canada) (“PIPEDA”). We will maintain the privacy and security of your Information as required by applicable privacy laws, including without limitation, HIA, Québec Privacy Act, HIPA, PHIPA and PIPEDA and the regulations under those Acts. We are pleased to advise that all Personal Health Information is stored in Canada. Personal Information (but not Personal Health Information) may be stored outside of Canada.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your Information, we cannot guarantee the security of your Information transmitted to our Website. Any transmission of Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
ACCESS TO INFORMATION
Freddie takes reasonable steps to ensure your Information is accurate, complete, and up to date. If you become aware that any Information in our possession about you is not correct, you may have this Information rectified. Please contact our customer support. Contact information may be found under the heading “Contact Us”.
You are entitled to a copy of the Information that we have in our possession or under our control; if you would like a copy of such Information, please contact us. We will take reasonable steps to verify your identity before granting access or making corrections. In addition, your right to access or to correct your personal information is subject to certain legal restrictions.
ANONYMIZED INFORMATION
We may use non-identifiable information created by us from your Information in order to better understand and improve the Freddie Platform and our service offerings.
RETAINING YOUR INFORMATION
We will retain any and all Information that we are required to retain under any applicable laws and regulations for the full duration of time required under those laws and regulations. We may also retain non-identifiable information and continue to use this information in accordance with this Policy.
You may request that we delete the Information that we maintain about you, but please note that we may be required to maintain certain Information in order to meet our legal obligations (in which case we will comply with your deletion request only after we have fulfilled such obligations). When we delete Information, it will be deleted from the active database, but may remain in our archives and we may also retain Usage Information. After we delete Information, we may retain non-identifiable Information and will continue to use non-identifiable Information as permitted under this Privacy Policy.
MARKETING AND ELECTRONIC COMMUNICATIONS
If you have consented, Freddie may use your Personal Information to send you electronic communications, such as emails and SMS messages, containing promotional marketing materials about Freddie’s products or services, including our newsletter. You may opt-out of being contacted for these purposes by following the instructions included in the electronic communication. We will endeavor to comply with your request as soon as reasonably practicable. However, even if you opt-out of receiving such electronic marketing communications, you acknowledge that we reserve the right to send you electronic communications for non-marketing purposes (including to provide and facilitate the provision of the Services to you) where permitted by applicable law.”
REPORT VIOLATIONS
You should report any privacy or security violations, including any suspected or actual unauthorized access, use or loss, of Information, to us by sending an email to support@gofreddie.com.
CHANGES TO THIS POLICY
It is our policy to post any changes we make to our Privacy Policy on this page. If we make material changes to how we treat our users’ Information, we will notify you by email to the email address specified in your account or through a notice on the Website home page.
We include the date the Privacy Policy was last revised at the bottom of the page. You are responsible for ensuring we have an up-to-date, active, and deliverable email address for you, and for periodically visiting our Website and this Privacy Policy to check for any changes.
CONTACT US
We welcome your questions, comments, and requests regarding this Privacy Policy and our privacy practices. Please contact us at:
Freddie Inc.
c/o Privacy Officer
610, 600 6 Ave SW
Calgary, AB
T2P 0S5
support@GoFreddie.com
This Privacy Policy was last updated October 14, 2021.
Last Revised: 2020-11-17
1. ACCEPTANCE OF TERMS
PurposeMed Inc. operating as Freddie (“Freddie”, “us”, “we”, “our”) maintains the Freddie website located at www.gofreddie.com (the “Freddie Platform” or the “Platform”). Your access and use of the Freddie Platform is subject to these Terms of Use (“TOU”). These TOU form an agreement between Freddie and you. The term “you” refers to the person or entity visiting the Freddie Platform, browsing or otherwise using the Freddie Platform, or receiving any Freddie Platform Healthcare Services, as hereinafter defined. A copy of these TOU may be downloaded, saved and printed for your reference.
BY ACCESSING AND USING THE FREDDIE PLATFORM, YOU UNDERSTAND, ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TOU. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THESE TOU, PLEASE DO NOT ACCESS OR USE THE FREDDIE PLATFORM.
DO NOT USE THE PLATFORM FOR MEDICAL EMERGENCIES. If you have a medical emergency, call 911 immediately or attend the emergency room of the nearest hospital or health centre. Under no circumstances should you attempt self-treatment based on any Content (as defined below).
2. MODIFICATIONS TO THE TOU
EXCEPT IN QUÉBEC , OR WHERE PROHIBITED BY APPLICABLE LAW[CD1] , FREDDIE RESERVES THE RIGHT TO CHANGE THESE TOU AT ANY TIME WITHOUT NOTICE. SUCH MODIFICATIONS SHALL BECOME EFFECTIVE IMMEDIATELY UPON THE POSTING THEREOF. YOUR CONTINUED ACCESS TO OR USE OF THE FREDDIE PLATFORM AFTER ANY CHANGES TO THESE TOU INDICATES YOUR ACCEPTANCE OF SUCH CHANGES. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TOU REGULARLY.
FREDDIE RESERVES THE RIGHT TO CHANGE ANY INFORMATION, MATERIAL OR CONTENT (INCLUDING, BUT NOT LIMITED TO, PRICING, FEATURES AND AVAILABILITY OF PLATFORM SERVICES (AS DEFINED HEREIN)) CONTAINED ON OR PROVIDED THROUGH THE PLATFORM (THE “CONTENT”) AT ANY TIME, AND FROM TIME TO TIME, WITHOUT NOTICE.
The TOU is current as of the “last revised” date which appears at the top of this page You can find the most recent version of the TOU at: https://www.gofreddie.com/privacy-policy
3. AVAILABILITY AND USE OF FREDDIE PLATFORM
THE FREDDIE PLATFORM IS ONLY AVAILABLE TO YOU IF YOU ARE A TEMPORARY OR PERMANENT RESIDENT OF THE PROVINCE OF ALBERTA, ONTARIO, SASKATCHEWAN, OR QUÉBEC. AS A CONDITION OF YOUR USE OF THE FREDDIE PLATFORM, YOU WARRANT THAT: (1) YOU HAVE REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE; (2) YOU POSSESS THE LEGAL AUTHORITY TO CREATE A BINDING LEGAL OBLIGATION; (3) YOU WILL USE THE PLATFORM IN ACCORDANCE WITH THESE TOU; (4) ALL INFORMATION SUPPLIED BY YOU ON THE PLATFORM IS TRUE, ACCURATE, CURRENT AND COMPLETE; AND (5) IF YOU ARE ACCESSING OR USING THE PLATFORM ON BEHALF OF ANOTHER PERSON OR A CORPORATE ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE TOU.
The Freddie Platform is provided solely (the “Permitted Use”) to: (1) assist you in gathering information about the various services offered by Freddie through the Freddie Platform; (2) if and as permitted by Freddie and these TOU, enable you to use the Freddie Platform and receive any services offered to you through the Freddie Platform including the Healthcare Services (as defined below); (3) if applicable, facilitate any payments from you in respect of your use of the Freddie Platform or the receipt of any services through the Freddie Platform; and (4) if and as permitted by Freddie and these TOU, provide feedback and otherwise communicate with Freddie in connection with any of the foregoing ((1) through (4) collectively, in these Terms of Use defined as “Platform Services”).
Freddie retains the right, at its sole discretion, to deny access to anyone to the Freddie Platform or the services it offers, at any time and for any reason, including, but not limited to, for violation of these TOU. You will cease and desist from any such access or use immediately upon request by Freddie.
4. GRANT OF LICENSE
If you are a temporary or permanent resident of the province of Alberta, Ontario, Saskatchewan, or Québec and subject to these TOU, Freddie grants you a personal, limited, revocable, non-exclusive, non-assignable and non-transferable license to access and use the Freddie Platform for your own use in accordance with these TOU. Use of the Freddie Platform beyond the scope of the authorized access granted to you by Freddie immediately terminates this license.
Subject to these TOU and the terms of Freddie’s privacy policy, you provide Freddie your consent and, grant to Freddie a perpetual, transferrable, irrevocable, royalty-free, fully paid-up, worldwide and fully sublicensable license, to access, collect, store and use any data, information, records and files that you load, transmit to or enter into the Freddie Platform.
5. SECURE LOG-IN
Although certain parts of the Freddie Platform are accessible to the public, in order to access the Healthcare Services (as set out below) users must be issued log-in credentials (e.g., log-in identification and password) to access the secure, non-public areas of the Freddie Platform (“Registered Users”). In order to do so, a Registered User must register for and maintain an active personal account (“User Account”). In order to qualify for a User Account, you must be at least the age of majority in your jurisdiction of residence. In some instances mature minors may conduct assessment with physicians. Once granted a User Account, a Registered User is only permitted to request Healthcare Services for themselves. Registered Users may include temporary or permanent residents of the province of Alberta, Ontario, Saskatchewan, or Québec, drug manufacturers and suppliers, healthcare professionals and healthcare decision makers. If you have been issued log-in credentials by Freddie, you are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your password.
You must not share your password with any other person. You agree to (a) immediately notify Freddie of any unauthorized use of your password or account or any other breach of the security of the Freddie Platform of which you reasonably suspect or become aware, and (b) ensure that you exit from your account at the end of each session. Freddie cannot and will not be liable for any loss or damage arising from your failure to comply with this section, and you will indemnify Freddie in respect of any losses suffered by Freddie or claims made against Freddie that are attributable to any loss or damage arising from your failure to comply with this section.
You are responsible for all activity that occurs under your User Account, and you agree to maintain the security and secrecy of your User Account username and password at all times. Unless otherwise permitted by Freddie in writing, you may only possess one User Account. You are responsible for changing your password promptly if you think it has been compromised. You may not transfer or share your password with anyone, or create more than one account. You may not use anyone else’s account at any time. You may not collect or harvest personal data of any other user of the Freddie Platform, including user account names or login credentials. Freddie explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section.
6. SERVICES
Authorized physicians and authorized non-physician providers such as nurse practitioners (collectively, “Authorized Healthcare Professionals”) may provide healthcare services, including telemedicine services (“Healthcare Services”) through the Freddie Platform in accordance with applicable law.
Note that an Authorized Healthcare Professional reserves the right to assess whether a person has the capacity to provide consent to his or her Healthcare Services on a case-by-case basis.
You understand that telemedicine involves the delivery of healthcare services using electronic communications, information technology, or other means between a healthcare provider and a patient who are not in the same physical location. Telemedicine may be used for diagnosis, treatment, follow-up and/or related patient education, and may include, but is not limited to: (a) electronic transmission of medical records, photo images, personal health information, or other data between a patient and healthcare provider; (b) interactions between a patient and healthcare provider via audio, video, and/or data communications; and (c) use of output data from medical devices, sound, and video files.
The electronic systems used in the Healthcare Services will incorporate Freddie’s network and there are restrictions on the Healthcare Services that can be provided through the Freddie Platform. YOU MUST NOT USE THE FREDDIE PLATFORM FOR EMERGENCY NEEDS. IF YOU BELIEVE THAT YOU ARE DEALING WITH A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY OR ATTEND YOUR NEAREST EMERGENCY ROOM.
By becoming a Registered User, you consent to Authorized Healthcare Professionals providing Healthcare Services that you request through the Freddie Platform, and should you choose to have your prescription fulfilled by one of Freddie’s pharmacy partners, then your prescription can be transferred within the Freddie pharmacy network to any of our licensed pharmacies to route your prescription in the most efficient method available.
YOU AGREE THAT ANY PRESCRIPTION YOU ACQUIRE FROM AN AUTHORIZED HEALTHCARE PROFESSIONAL ARE SOLELY FOR THE PERSONAL USE OF THE INDIVIDUAL NAMED ON THE PRESCRIPTION. YOU AGREE TO FULLY AND CAREFULLY READ ALL PROVIDED PRODUCT INFORMATION AND LABELS, AND TO CONTACT A PHYSICIAN OR PHARMACIST IF YOU HAVE ANY QUESTIONS REGARDING THE PRESCRIPTION OR MEDICATION.
You should report any emergency medication reactions, side effects or other adverse events to your family physician or, if you do not have one, to the nearest walk-in clinic or emergency room or call 911 if any reaction is an emergency situation.
We offer an online communication platform for Authorized Healthcare Professionals and their patients to connect via the Freddie Platform through the use of synchronous and asynchronous telecommunications technologies. The Freddie Platform facilitates communication between patients and Authorized Healthcare Professionals. Freddie does not provide medical advice or care. Freddie contracts with independent authorized physician providers and authorized non-physician providers such as nurse practitioners, who provide Healthcare Services. The Authorized Healthcare Professionals deliver Healthcare Services via the Freddie platform to their patients. Authorized Healthcare Professionals are independently contracted by Freddie. The Authorized Healthcare Professionals, and not Freddie, are responsible for the quality and appropriateness of the care they render to you.
The Authorized Healthcare Professionals are independent of Freddie and are merely using the Freddie Platform as a way to communicate with you. Any information or advice received from an Authorized Healthcare Professional comes from them alone, and not from Freddie. Your interactions with the Authorized Healthcare Professionals via the Freddie Platform are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. Neither Freddie, nor any of its subsidiaries or affiliates or any third party who may promote the Freddie Platform or Freddie’s services or provide a link to the Freddie Platform, shall be liable for any professional advice obtained from an Authorized Healthcare Professionals via the Freddie Platform, nor any information obtained on the Freddie Platform.
You acknowledge that your reliance on any Authorized Healthcare Professionals or information delivered by the Authorized Healthcare Professionals via the Freddie Platform is solely at your own risk and you assume full responsibility for all risks associated herewith. Freddie does not make any representations or warranties about the training or skill of any Authorized Healthcare Professionals who deliver services via the Site or Service. You will be connected with available Authorized Healthcare Professionals based solely on the information you submit to the Site.
The Content, including, 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 by Freddie. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by Freddie, or in connection with any communications supported by Freddie, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship (as defined by provincial or federal law) between Freddie and you. While Freddie facilitates your communications with, Authorized Healthcare Professionals, Freddie does not provide medical services, and the doctor-patient relationship is between you and the Authorized Healthcare Professionals.
7. DEALINGS WITH OTHER REGISTERED USERS
If there is a dispute between Registered Users, or between Registered Users and any third party, you understand and agree that Freddie is under no obligation to become involved. In the event that you have a dispute with one or more other Registered Users, you hereby release Freddie and its representatives (and their respective officers, employees, agents and successors in rights) from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or the Freddie Platform.
8. PRIVACY AND INFORMATION DISCLOSURE
Please review our current Privacy Policy at the top of this page, which contains important information about our practices in collecting, storing, using and disclosing your personal information, and which is hereby incorporated into and forms a part of these TOU
Your use of the Freddie Platform signifies acknowledgement of an agreement to our Privacy Policy and your consent to the collections, uses and disclosures of your personal information for the purposes described in our Privacy Policy.
9. CONDUCT
You agree that a Registered User is not permitted to have more than one Registered User profile on the Freddie Platform. You further agree that you will not, in connection with you as a Registered User, do anything in connection with the Freddie Platform that:
10. LIMITATIONS ON SERVICE
You agree that Freddie has no responsibility or liability for the deletion or failure to store or provide any content maintained or transmitted by the Freddie Platform. You acknowledge Freddie reserves the right at any time to modify or discontinue the Freddie Platform (or any part thereof) with or without notice, and that Freddie shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Freddie Platform.
11. TERM AND TERMINATION OF SERVICE
These TOU will commence on the day you first use the Freddie Platform and will continue in force until terminated by either party as described below (the “Term”). Either party may terminate these TOU as follows: (1) Freddie may terminate these TOU at any time and with immediate effect, or as soon as permitted by the applicable law in your jurisdiction, by giving notice to you, at Freddie’s discretion, by email (at your current email address on file with Freddie) or through the Freddie Platform; (2) you may terminate these TOU at any time and with immediate effect by requesting (by email or through any then-available interfaces on the Freddie Platform) that your User Account be deleted or deactivated and ceasing use of the Freddie Platform.
Further, you agree that Freddie shall not be liable to you or any third party for any termination of your access to the Freddie Platform. Further, you agree not to attempt to use the Freddie Platform after said termination. The TOU’s disclaimers, limitations on liability and indemnity clauses shall survive termination of the TOU, as shall any other provision which by its nature ought to survive termination.
12. OWNERSHIP AND PROPRIETARY RIGHTS
All Content, including all designs, infrastructure graphics, pictures, illustrations, software, artwork, video, music, sound, names, words, titles, phrases, logos and marks displayed on the Freddie Platform, are owned or licensed by Freddie and are protected by copyright, trademark and other intellectual property laws.
Freddie expressly reserves all rights in the Freddie Platform, and all materials provided by Freddie in connection with these TOU, that are not specifically granted to you. You acknowledge that all right, title and interest in the Freddie Platform, all materials provided by Freddie in connection with these TOU (including the Content), and any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein, will remain with Freddie (or third party suppliers, if applicable), and that the Freddie Platform, and all materials provided by Freddie hereunder are licensed and not “sold” to you.
OTHER THAN FOR YOUR PERSONAL CONFIDENTIAL USE, YOU FURTHER AGREE NOT TO REPRODUCE, DUPLICATE OR COPY WHETHER BY PRINTING OR SAVING TO A DESKTOP, CONTENT FROM THE FREDDIE PLATFORM WITHOUT THE EXPRESS WRITTEN CONSENT OF FREDDIE, AND AGREE TO ABIDE BY ANY AND ALL COPYRIGHT NOTICES DISPLAYED ON THE FREDDIE PLATFORM. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Freddie Platform.
Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Freddie Platform.
13. NO UNLAWFUL OR PROHIBITED USE
You will not, without Freddie’s prior written permission, use the Freddie Platform and the Content for purposes other than the Permitted Use. Without limiting the generality of the foregoing, you will not, and will not permit anyone else to: (1) 'frame', 'mirror' or otherwise incorporate the Freddie Platform or the Content or any part thereof on any commercial or non-commercial website; (2) access, monitor or copy any part of the Freddie Platform or the Content using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (3) violate the restrictions in any robot exclusion headers on the Content or the Freddie Platform or bypass or circumvent other measures employed to prevent or limit access to the Freddie Platform; (4) take any action that imposes, or may impose, in Freddie’s discretion, an unreasonable or disproportionately large load on the Freddie Platform; (5) deep-link to any portion of the Freddie Platform for any purpose; (6) remove (or permit anyone else to remove) any watermarks, labels or other legal or proprietary notices included in the Freddie Platform or the Content; (7) modify or attempt to modify (or permit anyone else to modify or attempt to modify) the Freddie Platform or any Content, including any modification for the purpose of disguising or changing any indications of the ownership or source of the Freddie Platform or the Content; (8) use the Freddie Platform or the Content as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution, except as specifically permitted by Freddie and only in the exact manner specified and enabled by Freddie; (9) attempt to, assist, authorize or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the Freddie Platform or the Content; (10) copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, publish, license or circulate in any form any part of the Freddie Platform or the Content; (11) create derivative works based on the Freddie Platform or the Content, in whole or in part, or to decompile, disassemble, reverse engineer or other exploit any part of the Freddie Platform or the Content; (12) use the Freddie Platform in a manner that violates the rights (including to intellectual property rights) of any third party, including by providing, uploading or transmitting any User Content that violate such third-party rights; or (13) upload to or transmit through the Freddie Platform any User Content that is offensive, hateful, obscene, defamatory or violates any applicable laws, in each case as determined by Freddie in its sole discretion.
14. THIRD PARTY WEBSITES
The Freddie Platform may provide links to third-party websites. Freddie does not endorse the information contained on those websites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked website is not under Freddie's control, and if you choose to access any such website, you do so entirely at your own risk. Please review carefully the third-party's policies and practices (including in relation to privacy and personal information) and make sure you understand them before you use those sites or engage in any transaction through them.
15. VIRUSES
The downloading and viewing of Content is done at your own risk. Freddie cannot and does not guarantee or warrant that the Freddie Platform or the Content are compatible with your computer system or that the Freddie Platform or the Content, or any links from the Freddie Platform or the Content, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Freddie Platform.
16. COMMUNICATIONS
Freddie does not guarantee the confidentiality of any communications made by you through the Freddie Platform. Although Freddie generally adheres to the accepted industry practices in securing the transmission of data to, from and through the Freddie Platform, you understand, agree and acknowledge that Freddie cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Freddie Platform.
17. DISCLAIMER AND LIMITATION OF LIABILITY
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUÉBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES OR LIMITATIONS OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
ALTHOUGH WE STRIVE TO UPDATE AND KEEP ACCURATE AS MUCH AS POSSIBLE THE CONTENT CONTAINED ON THE WEBSITE, ERRORS AND/OR OMISSIONS MAY OCCUR. ACCORDINGLY, THE FREDDIE PLATFORM AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF THE FREDDIE PLATFORM OR THE CONTENT IS AT YOUR OWN RISK. FREDDIE DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE FREDDIE PLATFORM OR THE CONTENT. THE PLATFORM AND THE CONTENT MAY INCLUDE ERRORS, OMISSIONS AND INACCURACIES, INCLUDING, PRICING ERRORS. FREDDIE DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE FREDDIE PLATFORM OR THE CONTENT. IN ADDITION, FREDDIE EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE FREDDIE PLATFORM.
TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT IN QUÉBEC, FREDDIE DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE FREDDIE PLATFORM AND THE CONTENT WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, THAT ARISE OUT OF A COURSE OF DEALING OR TRADE, OR THAT THE FREDDIE PLATFORM OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL FREDDIE BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT FREDDIE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE FREDDIE PLATFORM OR THE CONTENT.
You acknowledge and agree that Freddie does not provide medical advice, diagnosis, or treatment, and that the Platform is strictly a technology platform and infrastructure for connecting patients with independent third-party Authorized Healthcare Practitioners, including nurse practitioners, physicians and other Authorized Healthcare Practitioners in Freddie’s network. You acknowledge and agree that the Authorized Healthcare Practitioners using the Freddie Platform are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all medical and clinical services, including diagnosis, treatment and medication decisions, and other professional healthcare services performed, and that all diagnoses, treatments, prescriptions and other professional healthcare services will be provided and performed exclusively by or under the supervision of Authorized Healthcare Practitioners, in their sole discretion, as they deem appropriate.
TO THE EXTENT THAT THE FOREGOING LIMITATION DOES NOT APPLY, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF FREDDIE IN CONNECTION WITH OR UNDER THESE TOU OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE FREDDIE PLATFORM OR THE CONTENT, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF, OR INABILITY TO MAKE USE OF, THE FREDDIE PLATFORM OR THE CONTENT EXCEED THE AGGREGATE AMOUNT OF THE FEES PAID BY YOU FOR A ONE YEAR SUBSCRIPTION. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TOU WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT.
The limitation above reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.
18. INDEMNITY
You will defend, indemnify and hold harmless Freddie and all of its officers, directors, employees, agents, sponsors, and licensors from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought in connection with or as a result of:
19. GEOGRAPHIC APPLICATION OF THE FREDDIE PLATFORM
The product and services described on the Freddie Platform are only available in the jurisdictions of Alberta, Ontario, Saskatchewan, and Québec. Furthermore, nothing on the Freddie Platform constitutes an offer or solicitation to buy or sell any product or service to anyone in any jurisdiction in which such an offer or solicitation is prohibited by law. Specifically, you acknowledge and agree that the products, services and/or material described on the Freddie Platform, or the Healthcare Services available through the Freddie Platform, are not appropriate or available for use in locations outside Canada, and may not function in all locations within Canada.
20. DISCLOSURES
All Authorized Healthcare Practitioners on the Freddie Platform are licensed or accredited to practice their applicable regulated health profession by the applicable regulatory authority in the province or territory of Canada where they practice.
You can report a complaint relating to Healthcare Services provided by an Authorized Healthcare Practitioner on the Platform by contacting the professional regulatory college(s) in the province(s) where the Healthcare Services were received. In a professional relationship, sexual intimacy is never appropriate and should be reported to the professional regulatory college(s) that licenses, registers, or certifies the licensee.
21. GOVERNING LAW AND JURISDICTION
Except in Québec, and unless the applicable laws of your jurisdiction require that the laws of your jurisdiction govern, you hereby agree that (a) all aspects of the relationship between you and Freddie (as well as its agents, delegates, employees, and any Authorized Healthcare Professionals), including any Healthcare Services provided to you, and (b) the resolution of any and all disputes arising from or in connection with that relationship, including any disputes arising under or in connection with these TOU, shall be governed by and construed in accordance with the laws of the province of Alberta, (other than conflict of laws rules) and the laws of Canada applicable therein. You hereby acknowledge that the Healthcare Services received by you will be provided in Canada and that the Courts of Alberta, shall have exclusive jurisdiction to hear any complaint, demand, claim, proceeding or cause of action, whatsoever arising from or in connection with those Healthcare Services, or from any other aspect of the relationship between you and Freddie.
These laws apply to your access to or use of the Freddie Platform or the Content, notwithstanding your domicile, residency or physical location. The Freddie Platform and the Content are intended for use only in jurisdictions where they may be lawfully offered for use. These TOU shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, which is expressly excluded. Except in Québec and where prohibited by applicable law, you agree that you will only sue us as an individual. Except in Québec and where prohibited by applicable law, you agree that you will not file a class action, or participate in a class action.
22. ENTIRE AGREEMENT, WAIVER AND SEVERABILITY
These TOU constitute the entire agreement between Freddie and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Freddie with respect to the Freddie Platform. A printed version of these TOU and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these TOU to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Headings are inserted for convenience of reference only and will not affect the construction or interpretation of these TOU. The word 'including' or 'includes' means 'including (or includes) without limitation'.
Freddie 's failure to insist upon or enforce strict performance of any provision of these TOU will not be construed as a waiver of any provisions or right.
If any of the provisions contained in these TOU are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination will not affect the remaining provisions contained herein.
[CD1]Pursuant to the Quebec Consumer Protection Act, a stipulation allowing for unilateral modification is prohibited, unless the stipulation also
1) specifies the elements of the agreement that may be unilaterally modified;
2) provides that a 30-day written notice, drawn up clearly and legibly, setting out exclusively the new clause or the amended clause, or the amended clause and the clause as it read formerly, and the date of the coming into force of the amendment, will be sent; and
3) that the user may refuse the amendment and rescind without cost or penalty or cancellation indemnity by sending a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in the user’s obligations or a reduction in Freddie’s obligations.
Alternatively, changes would be effected by termination of the TOU (60-day notice in QC) and new terms accepted thereafter.
This Privacy Policy was last updated in November 2023.
Here at PurposeMed USA, Inc. (“the Company” or “PurposeMed” or “Freddie”) we deeply respect your privacy and information. We thank you for coming to the PurposeMed-powered “Freddie” website located at https://www.GoFreddie.com/ (the “Website”) and/or using the PurposeMed-powered “Freddie” platform (the “Platform”). Freddie (collectively, “we”, “us”, “our”) is in the business of connecting you to telehealth and other medical services via the Website and the Platform. The Website and Platform, including all relevant content and functionality associated with the Website and Platform, are collectively referred to as (the “Services”). We are committed to protecting your Personal Information and making sure you understand your rights related to our use and disclosure of such information while providing Services to you and your family.
This Privacy Policy applies to users of our Services, and describes:
This policy is not applicable to any information collected offline, through email or other electronic message, or through third party websites or services that you may access through the Website or Platform (“Third Party Services”).
Please read this Privacy Policy carefully. If you don’t agree with this Privacy Policy, do not use our Website or Platform. By accessing or using our Website or Platform, you agree that you have read this Privacy Policy and you understand, and consent to be bound by, the terms and conditions herein. If you have not done so already, please also review our Terms of Use. The Terms of Use contain provisions that limit our liability to you.
Changes to this privacy policy
We reserve the right to amend this privacy policy at any time. Whenever possible, we will provide you with advance written notice of material changes to this Privacy Policy. We will not make retroactive changes that reduce your privacy rights unless we are legally required to do so. Your continued use of our Website or Platform after we make changes shall constitute your acceptance of those changes, so please check this Privacy Policy periodically for updates. The amended Privacy Policy supersedes all previous versions.
Information we collect about you
We receive and collect information that you directly submit to us or that we gather when you use our Website or Platform, including personal information such as your name, mailing address, telephone number, email address, health data, demographic information (e.g., age, gender, ethnicity), and payment information, as well as non-personal information such as IP addresses, information that is passively or automatically collected through cookies, your browser or device, or other services, and information from third parties. We may also collect information on your physical location, which may be provided by you or collected through the use of our Website, Platform, or other communication channels. Freddie may also collect information you self-report, related to your health history and prior diagnoses, in order to determine your eligibility for Services. In this Privacy Policy, we refer to all of the above as “Personal Information.”
Cookies
A cookie is a small piece of data sent from a website and stored on your computer by your web browser. Cookies contain information about your computer, such as a user ID, user settings, browsing history and activities conducted while using the Services. Cookies are not themselves personally identifiable but may be linked to Personal Information. A cookie typically contains the name of the domain (internet location) from which the cookie originated, the “lifetime” of the cookie (i.e., when it expires) and a randomly generated unique number or similar identifier.
The file is added once you agree to store cookies on your computer or device, and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow the Website and Platform to tailor its operations to your needs, likes, and dislikes by gathering and remembering information about your preferences. We use other cookies and other data collection tools (such as web beacons and server logs), which we collectively refer to as “data collection tools,” to help improve your experience with the Website and Platform. For example, data collection tools help us remember users and make the Website and Platform content or interface more relevant to them.
Specifically, the Website and Platform may use cookies to:
Overall, cookies help us provide you with a better Website and Platform experience, by enabling us to monitor which pages you find useful and which you do not.
You can accept or decline cookies. Most web browsers automatically accept cookies, but you can modify your browser settings to decline cookies if you prefer. To find out more about cookies, including how to manage and delete cookies, visit www.allaboutcookies.org. Some web browsers (including some mobile web browsers) provide settings that allow a user to reject cookies or to alert a user when a cookie is placed on the user’s computer, tablet or mobile device. Most mobile devices also offer settings to reject mobile device identifiers. Although users are not required to accept cookies or mobile device identifiers, blocking or rejecting them may prevent access to some features available through the Website and Platform.
How we use your Personal Information
Freddie processes your Personal Information for legitimate business purposes, the fulfillment of our services to you, compliance with our legal obligations, and/or your consent. We use Personal Information to:
We may use your Personal Information to contact you with offers, promotions, and other marketing communications. We may also use cookies to provide relevant advertising or other communications or services. You may opt out of receiving these messages at any time by following the unsubscribe link within the applicable message or by contacting us at privacy@purposemed.com.
PurposeMed may collect and use data that has been transformed in such a way that it no longer reveals the identity of a user ("De-Identified Data"). We may share this De-Identified Data with analytics programs such as Facebook and Google Analytics to collect information about user behaviour. However, we will not use De-Identified Data to re-identify users or for any other purposes that are not allowed by applicable laws. The process we use to de-identify information will always comply with applicable laws.
To learn how to opt out, please visit the website(s) of the analytics program(s) used.
Disclosure of your Personal Information
We do not sell, share, or otherwise disclose your Personal Information for reasons other than those described in this Privacy Policy.
We may disclose your Personal Information to a few third parties, including:
We may also disclose, without restriction, aggregated information about our users and information that does not identify any individual user. Our continued use of aggregated and de-identified data will comport with applicable law.
Accessing and changing your Personal Information
You can access, review and update or change your account information through our Website or Platform. If you have any questions about how to access other Personal Information, or if you would like to correct or delete any Personal Information we collect and maintain, please contact us at privacy@purposemed.com. We will accommodate requests as required by law. Otherwise, we will retain a record of your request, and your Personal Information will be maintained in accordance with this Privacy Policy and our data retention and deletion policies (“Retention Policies”).
How we keep your Personal Information secure
We retain Personal Information as long as it is necessary and relevant for our operations. We also retain Personal Information from closed accounts to comply with applicable law, prevent fraud, resolve disputes, troubleshoot problems, assist with any investigation, enforce our Terms of Use, collect any fees owed and other actions permitted by law. After it is no longer necessary for us to retain information, we dispose of it according to our Data Retention Policies.
We strive to use industry-standard data collection, storage, and processing practices and security measures to protect against any unauthorized access to, accidental loss of, or disclosure of your information. These safeguards may vary based on the sensitivity of the information that we collect and store.
Unfortunately, no security method or combination of methods is foolproof. We will always do our best and will work with third-party service providers that strive to do the same, but we cannot warrant or guarantee the absolute security of any Personal Information that may be transmitted to or from our Website or Platform. There is no guarantee that Personal Information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. Therefore, any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website or Platform, or your computer or mobile device.
We are not responsible for any interception or interruption of any communications through the internet or for changes to or losses of data. You are responsible for maintaining the security of any password, user ID or other form of authentication involved in obtaining access to password protected or secure areas of our Website or Platform. In order to protect you and your data, we may suspend your use of any of the Website or Platform, without notice, pending an investigation, if any breach of security is suspected.
Please note that will never request that you send confidential information, such as account numbers, usernames, passwords, or Social Security Numbers, directly to us via email.
In the event of a data or security breach, we will take the following actions: (i) promptly investigate the security incident, validate the root cause, and, where applicable, remediate any vulnerabilities within our control which may have given rise to the security incident; (ii) comply with laws and regulations directly applicable to us in connection with such security incident; (iii) as applicable, cooperate with any affected user or client in accordance with the terms of our contract with such user or client; and (iv) document and record actions taken by us in connection with the security incident and conduct a post-incident review of the circumstances related to the incident and actions/recommendations taken to prevent similar security incidents in the future. We will notify you of any data or security breaches as required by and in accordance with applicable law.
Links to other sites
Our Website and Platform may contain links to third-party websites, services, applications, or other resources not operated by us. A link to any Third-Party Service does not mean that we endorse it or the quality or accuracy of information presented on it. Any information you provide to these parties is not subject to the terms of this Privacy Policy. Please consult the privacy policies on these sites before you provide them with any of your personal information.
Children under the age of 18
This Website and Platform are not for persons under the age of 18 (collectively, “Minors”). Minors are not authorized to use this Website or the Platform, or to provide any information through the Website or Platform. We do not solicit or knowingly collect information from Minors, and if we become aware of any such information being collected, we will take immediate action to delete it. Should you become aware that we have collected Personal Information from a Minor, please contact us at privacy@purposemed.com.
Opt-out and unsubscribe
We may send you communications, including emails, regarding your User Account and the Services. You can choose to filter any User Account and Services emails using your email settings, but We do not provide an option for You to opt-out of these communications.
If You have consented, We may also send You marketing communications, including emails and SMS, not related to your User Account or the Services. Message frequency varies. Message and Data rates for SMS may apply. We will provide You with the option to opt-out of such marketing communications within the applicable communication. For help, You can email Us at supportus@gofreddie.com.
Contacting us
If you’d like to receive additional information about our privacy practices, have questions, or would like to make a request, you may contact us at privacy@purposemed.com.
PLEASE CAREFULLY READ THE LINKED TERMS OF USE (the “Terms”) BEFORE USING THE PurposeMed-powered “Freddie” website (the “Website”) and PurposeMed-powered “Freddie” Platform (the “PLATFORM”). The Website and Platform, including all relevant content and functionality associated with the Website and Platform, are collectively referred to as the “Services.” BY CREATING A user ACCOUNT AND USING THE SERVICES, YOU CONSENT TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO ACCEPT THE TERMS, DO NOT ACCESS OR USE THE SERVICES.
Any information that PurposeMed USA, Inc. (“PurposeMed”, “Freddie”, or “We”) collects through Your use of the Services is subject to the PurposeMed Privacy Policy, which is part of these Terms.
By continuing to use the Services, You agree as follows:
If You do not agree with and accept the Terms, please discontinue all further use of the Services. Do not log into the Website or Platform and immediately delete all files, if any, of the associated Website and Platform from Your device(s).
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND FREDDIE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU CAN OPT-OUT OF THE ARBITRATION AGREEMENT BY CONTACTING LEGAL@PURPOSEMED.COM WITHIN 30 DAYS OF ACCEPTING THESE TERMS.Terms of Use
Effective: February 1, 2024
Last Updated: November 2023
These Terms of Use ("Terms of Use" or “Terms”) are a legal contract between you (“You/Your” or "User") and PurposeMed USA, Inc. (“Us” or “We” or “Our” or “PurposeMed” or “Freddie”). Freddie is the creator of the PurposeMed-powered “Freddie” website located at https://www.GoFreddie.com/ (the ”Website”) and the provider of the PurposeMed-powered Freddie Platform (the “Platform”). The Freddie Website and Platform including all relevant content and functionality associated with the Website and Platform, are collectively known as the “Services”. These Terms govern Your use of the Services and apply to individuals accessing the Services. By accepting these Terms and using the Services, You acknowledge that You have read, understand, and agree to these Terms and Our PurposeMed Privacy Policy. Any capitalized terms not defined in these Terms are defined in the PurposeMed Privacy Policy.
Overview of the Services.
The Website and Platform are intended to provide a convenient platform for Users to connect with healthcare providers and personal health assistants to receive care via telehealth and ultimately complete lab testing and order prescriptions. Freddie works with independent affiliated healthcare providers (“Providers”) to facilitate Your access to virtual healthcare services through the Platform. The Platform facilitates the connection and communication between Users and Providers via interactive real-time audio video technology as well as asynchronous communication methods, where deemed appropriate by the Provider.
You may access and use the Services only in accordance with these Terms, and You agree to comply with all applicable laws, rules, and regulations, including any other policies incorporated into these Terms, such as the PurposeMed Privacy Policy.
We DO NOT provide medical advice.
Freddie provides non-clinical administrative and operational services to affiliated Providers and facilitates Your interaction with these Providers. Freddie is not a medical practice itself, has no ownership interest in the Providers, does not have control over the clinical decision-making of the Providers, and is not responsible for the quality of care provided by the Providers.
By accepting these Terms, you agree and acknowledge that we do not provide clinical or medical services, laboratory or pharmacy services, or supplemental manufacturing services. Our role is limited to supporting and facilitating your access to these products and services via the Services.
YOU AGREE AND ACKNOWLEDGE THAT FREDDIE IS IN NO WAY PROVIDING DIAGNOSIS OR TREATMENT TO YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE INFORMATION, PROCESSES, PRODUCTS, AND OTHER ITEMS REFERENCED AS PART OF THE SERVICES ARE NOT INTENDED AS A RECOMMENDATION OR ENDORSEMENT OF ANY COURSE OF ACTION, INFORMATION, OR PRODUCT. WE EXPLICITLY DISCLAIM THE CREATION OF A PROVIDER-PATIENT RELATIONSHIP WITH YOU.
THE SERVICES CAN NOT AND ARE NOT DESIGNED, INTENDED, OR APPROPRIATE TO REPLACE THE RELATIONSHIP BETWEEN HEALTHCARE PROFESSIONALS AND PATIENTS OR TO ADDRESS SERIOUS, EMERGENT, OR LIFE-THREATENING MEDICAL CONDITIONS AND SHOULD NOT BE USED IN THOSE CIRCUMSTANCES.
If at any time You are concerned about Your care or treatment, or You believe or suspect or someone else advises You that You have a serious or life-threatening condition, call 9-1-1 in areas where that service is available, or go to the nearest emergency room.
Any medical advice provided by a Provider using information from the Services is based on the personal health data You provide. If You do not provide complete and accurate personal health information, the medical advice You receive may not be accurate or appropriate. Questions and information collected through the Services are designed for informational and/or research purposes and to identify potential patterns in symptomologies and treatments. The Services and/or any data derived from the Services are in no way intended to replace the independent clinical judgment of a qualified healthcare professional.
FURTHER, A PROVIDER’S OR RESEARCHER’S USE OF OUR SERVICES IS NOT AN ENDORSEMENT OR RECOMMENDATION OF SUCH PROVIDER OR RESEARCHER BY US. THE MEDICAL ADVICE PROVIDED TO YOU BY YOUR HEALTHCARE PROVIDER OR ANY OTHER PROFESSIONAL IS NOT UNDER OUR CONTROL, NOR DO WE PROVIDE IT TO YOU OR USE IT.
We do not confirm the credentials of any Provider using the Services. We do not validate that any such persons are in good standing with their respective licensure board(s) or that they are using the Services in accordance with laws applicable to the practice of medicine. It is YOUR responsibility to separately confirm that a healthcare provider is in good standing with his or her respective licensing board(s) and to exercise whatever other due diligence You feel is appropriate in selecting and maintaining Your choice of healthcare professionals.
General information available through the Services about medical conditions, symptomology, available drugs, treatment options, and other educational articles and videos is provided for general educational purposes only. Never disregard, avoid, or delay obtaining medical advice from a physician or other qualified healthcare professional because of something contained in the Services. If You have or suspect that You have an urgent medical problem or condition, please contact a qualified healthcare professional immediately.
You must register to create an account (“User Account”) and become a registered user to access the Services. The registration process begins when you enter your demographic information (e.g., name, email address, contact information) into the Platform or Website. From there, You will receive an email inviting You to register to use the Services. To register, You must create a username and provide Your name, Your email address, and other information specified in the registration form (“Registration Data”). You may change or correct information in Your account by contacting Freddie at support@gofreddie.com. You agree not to register for a User Account on behalf of an individual other than Yourself unless You are legally authorized to bind such person to these Terms. By registering another person, You hereby represent that You are legally authorized to do so.
By registering for an account and using the Services, You represent and warrant as follows:
NOTE: THIS AGREEMENT IS VOID WHERE PROHIBITED BY LAW. DO NOT USE THE SERVICES WHERE PROHIBITED BY LAW. YOU UNDERSTAND THAT YOUR USE OF THE SERVICES MAY INVOLVE OR REQUIRE THE TRANSMISSION OF SIGNIFICANT AMOUNTS OF DATA. YOU ARE RESPONSIBLE FOR ALL DATA CHARGES THAT MAY BE CHARGED BY YOUR WIRELESS CARRIER OR INTERNET SERVICE PROVIDER OR THAT MAY OTHERWISE ARISE FROM YOUR USE OF THE SERVICES.
With the exception of the Arbitration Agreement (see “Dispute Resolution” section) included near the end of these Terms, Freddie reserves the right to change or modify these Terms at any time without prior notice to You. If We materially change or modify these Terms, We will let You know by (1) posting a new version of the Terms to the Platform; and/or (2) posting a change notice on our Platform.If You continue to use the Services after we have informed You of the changes, You agree to be bound by the modified Terms. If You do not accept the changes, You should immediately stop using the Services and delete all files associated with the Services on Your device(s).
Services Ownership and Use.
Freddie owns the Services, including all content and functionality You access through the Services. Subject to Your compliance with these Terms, Freddie grants You a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Services.
THE SERVICES ARE FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY AND YOU MAY NOT RESELL OR SUBLICENSE YOUR ACCESS TO THE SERVICES. You may not use the Services for any other purpose than what is allowed under these Terms without Freddie’s express written permission.
You may not use Freddie’s name, trademarks, service marks, or logos, or those of third parties appearing on the Services in any advertising or publicity or to otherwise indicate Freddie’s or such third party’s sponsorship or affiliation with any product or service without the express written permission from Freddie or such third party.
Personal Data Ownership and Use.
You own Your Personal Data and any other information You submit on or through the Services (collectively, “Patient Information”). If You are entering someone else’s information into the Services, You represent and warrant that You have permission to do so. For Us to provide You with the Services, You grant to Freddie a perpetual, non-exclusive, fully paid and royalty-free, transferable, sublicensable, worldwide license to use Your Patient Information for the purpose of providing the Services, subject to the restrictions in the PurposeMed Privacy Policy. You also agree to allow Freddie to de-identify and anonymize Your Patient Information, including, without limitation, Your personal health information in accordance with Our PurposeMed Privacy Policy, and to use or disclose such de-identified information for any purpose.
You may use the Services only for lawful purposes and in accordance with these Terms. In addition, We impose certain restrictions on Your use of the Services. While using the Services, You shall not:
Freddie is not obligated to monitor Your use of the Services, but We may do so to ensure Your compliance with these Terms, and/or to respond to law enforcement or other government agencies if and when We are required to. Freddie reserves the right to suspend or terminate Your use of the Services without notice to You if You partake in any of the prohibited uses described above.
The Services are designed to require users to create a username and password to access and use the Services. Your username and password are, collectively, Your “User Credentials.” You are solely responsible for (i) maintaining the strict confidentiality of Your User Credentials, (ii) not allowing another person to use Your User Credentials to access the Services, and (iii) any and all damages or losses that may be incurred or suffered as a result of any activities that occur under Your User Credentials, regardless of whether You were aware of those activities. You agree to immediately notify Freddie in writing by email of any unauthorized use of Your User Credentials or any other compromise of the security of Your User Account.
WE WILL NOT BE LIABLE FOR ANY LOSS THAT YOU INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. WE ARE NOT AND SHALL NOT BE LIABLE FOR ANY HARM ARISING FROM OR RELATING TO THE THEFT OF YOUR USER CREDENTIALS AND/OR ANY RESULTING ACCESS TO YOUR PERSONAL DATA, YOUR DISCLOSURE OF YOUR USER CREDENTIALS, OR THE USE OF YOUR USER CREDENTIALS BY ANOTHER PERSON OR ENTITY REGARDLESS OF WHETHER YOU WERE AWARE OF SUCH USE.
You may be held liable for any losses incurred by Freddie and/or its affiliates, officers, directors, and representatives due to someone else’s use of Your User Account or password, regardless of whether You were aware of such use.
Freddie values Your privacy and is committed to keeping Your Personal Data confidential. Please see the PurposeMed Privacy Policy for an explanation of Our privacy practices, the data We collect from You, how We use that data, and Your rights regarding Your data. By clicking “I Agree,” accessing or using the Services, or by downloading, viewing, or uploading any content through the Services, You acknowledge and agree to the provisions of the PurposeMed Privacy Policy and affirm that the PurposeMed Privacy Policy is a part of these Terms.
By using the Services and accepting these Terms, You further acknowledge that Freddie may share Your Personal Data with other users, including Your Provider (if You choose to allow this). We may share Your information with third parties as described in the PurposeMed Privacy Policy, and will seek Your consent before doing so where required by law.
We are not responsible for nor liable to You or any third party for a third party’s treatment of Personal Data, including any collection, use, disclosure, storage, loss, theft, or misuse of Personal Data, whether or not such treatment violates applicable law.
Unless specifically stated in the PurposeMed Privacy Policy, We do not control how healthcare providers with whom You share information collected, generated, or stored via the Services may further use and disclose Your health information. You expressly acknowledge and agree that Freddie is neither responsible for nor liable to You or any third party for the treatment of Your Personal Data by any such individual or entity, including any collection, use, disclosure, storage, loss, theft, or misuse of Your Personal Data, whether or not such treatment violates applicable law.
You are responsible for obtaining, installing, maintaining, and operating all software, hardware, or other equipment (collectively, "Systems") necessary for You to access and use the Services. This includes, without limitation, obtaining Internet services, using up-to-date web browsers, and the best commercially available encryption, antivirus, anti-spyware, and internet security software. You are responsible for the data security of the Systems used to access the Services and for the transmission and receipt of information using such Systems. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or Your Systems.
THERE ARE ALWAYS CERTAIN SECURITY AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET, AND YOU EXPRESSLY ASSUME SUCH RISKS.
We may send communications, including emails, to You regarding Your User Account and the Services. You can choose to filter any User Account and Services emails using Your email settings, but we do not provide an option for You to opt-out of these communications. If You consent to receive marketing or other communications not related to Your User Account or the Services, We will provide You with the option to opt-out of such marketing communications within the applicable message.
Third-Party Websites.
In the course of using the Services, You may be introduced to areas or features of the Services that allow You to access a website that does not belong to and are not controlled by Us (collectively, “Third-Party Sites”). If You choose to access one of these Third-Party Sites, You will leave Our Services and be redirected to an environment owned and controlled by an external third party. You acknowledge and agree that the Third-Party Sites may have different privacy policies, terms of use, user guides, and/or business practices (collectively, “Third-Party Rules”) than Us, and that Your use of such Third-Party Sites is governed exclusively by the respective Third-Party Rules. We provide links to Third-Party Sites to You as a convenience, and We do not verify, make any representations, or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content, application, links displayed, and/or any other activities conducted on or through such Third-Party Sites.
YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, BUSINESS PRACTICES, INFORMATION, RESOURCES, APPLICATIONS, AND OTHER CONTENT (“Third Party Matters”) AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE THIRD PARTY MATTERS.
Any reference in the Services to any product, service, publication, institution, organization of any third-party entity, or individual does not constitute or imply Our endorsement or recommendation.
Third-Party Services.
To the extent any features, aspects, products, or services offered through the Services are provided, in whole or in part, by third parties (“Third-Party Services” as provided by “Third-Party Service Providers”), You may be subject to additional terms and conditions. To the extent applicable, You will receive a notification and have the opportunity to accept such terms and conditions. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THOSE ADDITIONAL TERMS AND CONDITIONS, DO NOT USE THE RELATED THIRD-PARTY SERVICES.
In the event of any inconsistency between terms of use relating to Third-Party Services and these Terms, those additional terms and conditions will control with respect to such Third-Party Services. Third-Party Service Providers may collect and use certain information about You, as specified in the Third-Party Service Provider’s privacy policies. Prior to providing information to any Third-Party Service Provider, You should review their privacy policy. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THE TERMS OF A THIRD-PARTY SERVICE PROVIDER’S PRIVACY POLICY OR TERMS OF USE, YOU SHOULD NOT USE THE RELATED THIRD-PARTY SERVICES. WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR ANY OF YOUR INFORMATION COLLECTED OR USED BY THIRD-PARTY SERVICE PROVIDERS.
In addition to other representations and warranties contained throughout the Terms, You represent and warrant that Your use of the Services will be in accordance with these Terms and all applicable laws, regulations, rules, and Freddie policies and procedures (to the extent such policies and procedures are communicated to You). Specifically, YOU REPRESENT AND WARRANT THAT YOU ARE LEGALLY AUTHORIZED TO SHARE PERSONAL DATA (BELONGING TO YOURSELF OR OTHERS ON WHOSE BEHALF YOU ARE SUBMITTING SUCH PERSONAL DATA) WITH US.
No Warranties.
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, FREDDIE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. FREDDIE MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. FREDDIE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, APPLICATIONS, OR MATERIALS ACCESSED OR PURCHASED THROUGH THE APPLICATION OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FREDDIE OR THROUGH THE APPLICATION OR MATERIALS, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, PATIENTS, PROVIDERS, CLINICIANS/CAREGIVERS, OR AUTHORIZED THIRD PARTIES.
YOU UNDERSTAND THAT FREDDIE DOES NOT TAKE RESPONSIBILITY FOR SCREENING OR INQUIRY INTO THE BACKGROUND OF ANY USERS OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, PROVIDERS AND/OR CLINICIANS/CAREGIVERS, NOR DOES FREDDIE VERIFY OR TAKE RESPONSIBILITY FOR THE STATEMENTS OF ANY SUCH USERS OF THE SERVICES. FREDDIE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, PROVIDERS AND/OR CLINICIANS/CAREGIVERS.
FREDDIE CAN NOT ALWAYS FORESEE OR ANTICIPATE TECHNICAL OR OTHER DIFFICULTIES THAT MAY RESULT IN FAILURE TO OBTAIN DATA OR LOSS OF DATA, PERSONALIZATION SETTINGS, OR OTHER SERVICE INTERRUPTIONS. FREDDIE CAN NOT ASSUME RESPONSIBILITY FOR THE TIMELINESS, ACCURACY, DELETION, NON-DELIVERY, OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS, OR PERSONALIZATION SETTINGS. IT IS YOUR RESPONSIBILITY TO BACKUP ANY INFORMATION YOU ENTER INTO THE WEBSITE OR PLATFORM.
Your Responsibility for Loss or Damage.
YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD FREDDIE OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS, OR SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS, MOBILE DEVICES, OR DATA.
Limitation of Liability.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. NEITHER FREDDIE NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR APPLICATIONS, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FREDDIE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED IN MEETING ITS ESSENTIAL PURPOSE.
IF YOU ARE DISSATISFIED WITH THE SERVICES OR THESE TERMS, YOUR ONLY REMEDY IS TO DISCONTINUE USING THE SERVICES.
FREDDIE IS NOT LIABLE TO ANY USER OR PERSON FOR ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF ANY PROVIDERS OR CLINICIANS/CAREGIVERS, WHETHER OR NOT RELYING UPON INFORMATION COLLECTED, GENERATED, OR STORED VIA THE SERVICES. IF YOU ARE DISSATISFIED WITH THE HEALTHCARE SERVICES YOU ARE RECEIVING FROM A PROVIDER, YOU MAY HAVE ADDITIONAL REMEDIES REGARDING THE PROVISION OF HEALTHCARE SERVICES.
YOU ACKNOWLEDGE THAT IF YOU USE THE SERVICES DURING OR IN RELATION TO AN EMERGENT, SERIOUS, OR LIFE-THREATENING CONDITION, SUCH USE IS AT YOUR SOLE RISK. FREDDIE IS NOT LIABLE TO YOU OR ANY PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON INFORMATION INCLUDED AS PART OF THE SERVICES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, FREDDIE’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00. ANY CLAIM ARISING FROM THE USAGE OF THE SERVICES MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE OCCURRENCE OF THE EVENT FROM WHICH THE CLAIM AROSE.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS FREDDIE AND ITS REPRESENTATIVES FROM ANY THIRD PARTY LIABILITY, LOSS, CLAIM, SUIT, DAMAGE, AND EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE SERVICES, YOUR VIOLATION OF THESE TERMS, OR ANY NEGLIGENT OR WRONGFUL CONDUCT BY YOU OR RELATED TO YOUR USER ACCOUNT BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICES THROUGH YOUR USER ACCOUNT, REGARDLESS OF WHETHER YOU WERE AWARE OF SUCH USE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
We welcome and encourage You to provide feedback, comments, and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by e-mailing Us at support@gofreddie.com. You acknowledge and agree that if You submit any Feedback to Us, You grant to Us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable license under any and all intellectual property rights that You own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.
If You breach any of these Terms, We may suspend or disable Your User Account or terminate Your access to the Services without prior notice to You. There may be other instances where We may need to terminate Your access to the Services that are not related to any of Your actions or inactions. We reserve the right to terminate Your access to and use of the Services and materials at any time, with or without cause.
If You wish to terminate Your User Account, please contact Freddie at support@gofreddie.com, immediately discontinue Your use of the Services, and delete all files associated with the Services from Your computer or mobile device.
*PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS*
You agree that any dispute between You and Freddie arising out of or relating to these Terms will be governed by the dispute resolution procedure outlined below. We want to address Your concerns without needing a formal legal case, so We have included a tiered dispute resolution process. This Dispute Resolution section may be modified by a written agreement between You and Freddie.
Informal Dispute Resolution.
Before filing a claim against Freddie, You agree to try to resolve the dispute informally by contacting support@gofreddie.com. Most user concerns can be resolved quickly and to Your satisfaction through email.
Arbitration Agreement.
In the unlikely event that Our support team is unable to resolve a complaint You may have (or if We have not been able to resolve a dispute with You after attempting to do so informally), including, but not limited to, any alleged breach of these Terms, You agree to resolve the dispute through binding arbitration. Arbitration, which is often less expensive, faster, and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award, and may, but do not have to, award legal fees, arbitrator’s fees and costs, and other costs incurred by the party that does not win the dispute. You agree that any dispute will be exclusively, fully, and finally resolved using binding arbitration through the American Health Lawyers Association (“AHLA”).
Arbitration Procedure
You and Freddie agree to employ three (3) arbitrators (the “Panel”), where one arbitrator (1) is selected by You, and one (1) arbitrator is selected by Freddie, and the third (3rd) arbitrator is selected by mutual consent of You and Freddie. If You and Freddie cannot agree upon the third arbitrator, the first two (2) arbitrators chosen shall select the third arbitrator. The selection decision shall be binding.
The arbitration shall be conducted by telephone, online, and/or be solely based on written submissions—the specific manner to be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. Any judgment on the award rendered by the Panel may be entered in any court of competent jurisdiction.
Any claim or dispute arising under these Terms must be initiated by arbitration within two (2) years from its accrual date. Any claim or dispute initiated two (2) years or longer from its accrual date shall be time-barred and dismissed.
Cost of Arbitration
You and Freddie shall each pay 50% of all mediators and/or arbitrator costs, expenses, and fees incurred in connection with mediating and/or arbitrating under these Terms.
Exceptions to Agreement to Arbitrate.
Freddie may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in the informal dispute-resolution process described above.
YOU MAY ONLY RESOLVE DISPUTES WITH FREDDIE ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED UNDER THESE TERMS.
Opt-Out of Alternative Dispute Resolution Process.
Notwithstanding the above, You can decline or “opt-out” of the alternative dispute resolution process described above by contacting legal@purposemed.com within 30 days of first accepting these Terms and stating that You (first and last name) decline this dispute resolution process.
YOU UNDERSTAND AND AGREE THAT, BY NOT OPTING OUT OF THE ALTERNATIVE DISPUTE RESOLUTION PROCESS DESCRIBED, YOU WAIVE ANY RIGHT TO A JURY TRIAL TO WHICH YOU MAY OTHERWISE BE ENTITLED IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THESE TERMS.
If You opt-out of the dispute resolution process described in this section, or if any matter is otherwise determined not to be subject to such dispute resolution process, You submit to the exclusive jurisdiction of any state or federal court sitting in the State of Arkansas within twenty-five (25) miles of Fayetteville, Arkansas in any legal proceeding arising out of or relating to these Terms. You agree that any and all claims and matters arising out of these Terms, unless subject to the dispute resolution process described above, may be heard and determined in any such court, and You hereby waive any right to object to such filing on grounds of improper venue, forum non-convenience, or other venue-related grounds, unless such objection asserts that the claim or matter in dispute is subject to determination through the dispute resolution process described above.
Entire Agreement.
These Terms, the PurposeMed Privacy Policy, and any other terms incorporated by reference, constitute the entire and exclusive understanding and agreement between Freddie and You regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Freddie and You regarding the Services.
Governing Law.
These Terms shall be governed by the laws of the State of Delaware without reference to its conflict of laws provisions.
Assignment.
You may not assign or transfer these Terms, by operation of law or otherwise, without Freddie’s prior written consent. Any attempt by You to assign or transfer these Terms, without such consent, will be null and of no effect. Freddie may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Notices.
Any notices or other communications permitted or required under these Terms, including those regarding modifications to these Terms, will be in writing and given: (i) by Freddie via email (in each case to the address that You provide); and/or (ii) by posting to the Website or Platform. For notices made by email, the notice will be effective as of the date the notice is first transmitted. You agree that any notice received from Freddie electronically satisfies any legal requirement that such notice be in writing. YOU ALONE ARE RESPONSIBLE FOR ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH FREDDIE IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING OF AN EMAIL TO THE ADDRESS WE HAVE ON FILE.
You shall give any notice to Freddie by email to: legal@purposemed.com. Notice to Freddie shall be effective upon receipt of notice by Freddie.
No Inadvertent Waiver.
The failure of Freddie to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Freddie.
Severability.
If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions of these Terms remain in full force, provided that the essential terms and conditions remain valid, binding, and enforceable and the economic and legal substance of the transactions contemplated by these Terms are materially preserved.
Intellectual Property Rights.
“Intellectual Property Rights” means all intellectual property rights or similar proprietary rights, including (i) patent rights and utility models, (ii) copyrights and database rights, (iii) trademarks trade names, domain names, and trade dress and the goodwill associated therewith, (iv) trade secrets, (v) mask works, and (vi) industrial design rights; in each case, including any registrations of, applications to register, and renewals and extensions of, any of the foregoing in any jurisdiction in the world.
As between You and Us, all right, title, and interest, including all Intellectual Property Rights, in the Services, any related materials, logos, products, and documentation, and any other property or materials furnished or made available hereunder, and all modifications and enhancements thereof, belong to and are retained solely by Freddie or its licensors, vendors, and affiliates, as applicable. All rights not expressly granted are reserved by Us. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Remedies.
Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If, for any reason, a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
Contacting Freddie.
Please feel free to contact Us if You have any questions about these Terms and/or any other documents referenced in these Terms. You may contact Us at support@gofreddie.come or at our mailing address:
PurposeMed, USA, Inc.
850 New Burton Road, Suite 201
Delaware, DE 19904
Data Security Officer:
Pete MacLeod
pete@purposemed.com
