info@fademd.com
These Terms of Service (“Terms”) contain disclaimers of warranties, limitations of liability, and a mandatory arbitration agreement and class action waiver that affect your legal rights.
By accessing or using the websites, applications, or services offered under the “FadeMD” brand (collectively, the “Services”), you agree to be bound by these Terms. If you do not agree, do not use the Services.
These Terms are between you and Telemedicine Partners LLC, a Florida limited liability company (“FadeMD,” “Company,” “we,” “us,” or “our”), located at:
Telemedicine Partners LLC (d/b/a FadeMD)
936 SW 1st Ave #437
Miami, Florida 33130
Email: info@fademd.com
These Terms govern your access to and use of fademd.com and any subdomains, affiliated websites, and any related mobile applications that link to these Terms (the “Website”), and any products, features, content, and services made available through the Website or otherwise by us (the “Services”).
These Terms, together with (i) our Privacy Policy and (ii) any additional terms or notices presented to you for specific products or services (including, if applicable, any Consent to Telehealth and/or provider terms), form a legally binding agreement (the “Agreement”).
We may update these Terms from time to time by posting a revised version on the Website. Your continued use after posting means you accept the revised Terms.
THE SERVICES ARE NOT FOR MEDICAL EMERGENCIES.
If you believe you are experiencing a medical emergency, call 911 or go to the nearest emergency room immediately.
To use the Services, you must:
We may refuse, limit, or suspend access to the Services to any person at any time, including if we believe a user is not eligible or is using the Services in violation of these Terms or applicable law.
Please review our Privacy Policy for information about how we collect, use, and share information. The Privacy Policy is incorporated into these Terms by reference and forms part of the Agreement.
FadeMD provides administrative and technology services that may help connect you with independent, appropriately licensed healthcare providers and/or other independent third parties (collectively, “Third-Party Providers”). FadeMD does not itself provide medical care or medical advice.
If you receive telehealth services through the Services, any provider-patient relationship is between you and the Third-Party Provider, not FadeMD. Clinical decisions (including whether to evaluate, recommend, certify, or treat) are solely the responsibility of the Third-Party Provider.
We may take reasonable steps to support compliance and quality (e.g., verifying certain credentials), but we do not guarantee:
Telehealth has limitations compared to in-person care. A Third-Party Provider may not have access to all information that would be available during an in-person exam. This may affect diagnosis or recommendations. By using the Services, you acknowledge these limitations and agree to:
You acknowledge and agree that:
If you create an account, you agree to:
You are responsible for all activity that occurs under your account.
Subject to these Terms, we grant you a personal, limited, revocable, non-exclusive, non-transferable license to access and use the Services for your personal, non-commercial use.
You agree not to:
We may suspend or terminate access for violations.
You agree to pay all fees disclosed to you in connection with Services you request.
By providing payment information, you authorize us (and/or our payment processors) to charge the payment method you provide for amounts due, including applicable taxes and fees.
In some cases, amounts you pay may include fees charged by Third-Party Providers or other third parties, which we may collect on their behalf (as an administrative convenience).
FadeMD does not offer subscription billing or automatic recurring charges unless we clearly disclose that to you in writing at the time of purchase.
Unless otherwise stated on the Website at the time of purchase or required by law:
Pricing and promotions may change at any time. Promotional offers may not apply retroactively.
If you purchase an evaluation or certification service through FadeMD and you are not approved for a medical cannabis card/certification by the licensed provider after completing the required evaluation process, you are eligible for a full refund of the amount you paid to FadeMD for that service (the “Money-Back Guarantee”).
“Not approved” means the licensed provider determines you do not qualify under applicable state program requirements and does not issue the certification/recommendation needed to apply for or obtain a card (as applicable). The Money-Back Guarantee does not apply if:
Refund process: If eligible, refunds are issued to the original payment method and typically process within a reasonable period after the determination of non-approval. Transaction/processing fees charged by your bank or card issuer (if any) are not controlled by FadeMD.
This Money-Back Guarantee is your exclusive refund remedy except where otherwise required by law.
If you submit information, ideas, reviews, suggestions, or other materials (“Submitted Materials”), you represent you have the necessary rights to do so.
To the extent permitted by law, you grant FadeMD a royalty-free, worldwide, perpetual, irrevocable, transferable, sublicensable license to use Submitted Materials for operating, improving, and promoting the Services. We will treat personal information within Submitted Materials consistent with our Privacy Policy.
We are not obligated to store or maintain Submitted Materials.
Our social media pages are public forums operated by third parties. Your use of those platforms is governed by their terms and privacy policies, not these Terms.
The Services and all content and materials on or within the Services (including text, graphics, logos, interfaces, and software) are owned by FadeMD or its licensors and are protected by applicable intellectual property laws.
You may not use our trademarks or branding without prior written permission.
The Services may contain links to third-party websites or integrate third-party services. We are not responsible for third-party content, products, or practices. Your dealings with third parties are solely between you and the third party.
If you believe content on the Website infringes your copyright, send a notice to our designated agent:
DMCA Agent
Telemedicine Partners LLC (d/b/a FadeMD)
936 SW 1st Ave #437
Miami, Florida 33130
Email: info@fademd.com
Your notice must include:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Services will be uninterrupted, timely, secure, or error-free, or that results will be accurate or reliable.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL FADEMD OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FADEMD’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID TO FADEMD FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow certain limitations; in that case, these limitations apply to the extent permitted by law.
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless FadeMD and its affiliates and their respective officers, directors, employees, agents, and contractors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
This section requires arbitration on an individual basis and limits the manner in which you can seek relief.
Except as stated in Section 20.8 (Exceptions), any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, the Services, or your relationship with FadeMD (each, a “Dispute”) will be resolved by final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under its applicable consumer arbitration rules.
This arbitration agreement is governed by the Federal Arbitration Act.
You and FadeMD agree that Disputes must be brought only in an individual capacity and not as a plaintiff or class member in any purported class, collective, representative, or private attorney general proceeding. The arbitrator may not consolidate claims or preside over any form of representative proceeding.
Before initiating arbitration, the party bringing a Dispute must send a written notice describing the Dispute and the requested relief and allow 60 days to attempt to resolve it informally.
You must commence arbitration within one (1) year after the Dispute arises, unless a longer period is required by applicable law.
Arbitration will be conducted:
Payment of filing, administration, and arbitrator fees will be governed by AAA rules. Each party will bear its own attorneys’ fees and costs unless the arbitrator awards fees under applicable law or determines a claim is frivolous.
The arbitrator has exclusive authority to resolve any Dispute, including the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court will decide issues relating to the scope or enforceability of the class action waiver.
Either party may:
You may opt out of arbitration by sending a signed written notice to info@fademd.com within 30 days of the earlier of (i) the date you first create an account, (ii) your first purchase, or (iii) your first use of the Services. Your notice must include your name, email address used on your account, and a clear statement that you wish to opt out of arbitration.
If you opt out, Disputes will be resolved in court as set forth in Section 21.
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws principles, except where preempted by federal law.
If arbitration does not apply (including if you opt out), you agree that any litigation will be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, and you consent to personal jurisdiction there.
You may not assign your rights under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.
Failure to enforce a provision is not a waiver of our right to enforce it later.
Nothing in these Terms creates any partnership, joint venture, employment, or agency relationship between you and FadeMD.
If any provision of these Terms is held unenforceable, the remaining provisions will remain in effect.
You may stop using the Services at any time. We may suspend or terminate access to the Services at any time for any reason, including for violations of these Terms.
Sections intended to survive termination (including disclaimers, limitation of liability, indemnification, and dispute resolution) will survive.
These Terms, the Privacy Policy, and any additional terms presented for specific services constitute the entire agreement between you and FadeMD regarding the Services, and supersede prior or contemporaneous agreements on the same subject.
