Terms And Conditions
To clarify what this document means, certain words with capital letters will be defined. Here are the definitions for this agreement:
- “ElBalto” or the “Apps” means https://www.elbalto.com and related web sites and ElBalto’s mobile applications, including ElBalto, Doctor ElBalto, and any other Apps we release.
- “Company,” “we,” “us,” or “our” mean an Egyptian based corporation, and any other companies that are subsidiaries and affiliates of ElBalto LLC to which ElBalto provides administrative services, including, without limitation, “ElBalto” may also refer to ????? in this document.
- “Content” means text, graphics, images and any other material entered, processed, contained on or accessed through the Apps, including Content created, modified, validated or submitted by Medical Experts.
- “Services” means services provided through the Apps.
- “Medical Expert” means an individual accepted to participate in the ElBalto Medical Expert Community and who participates on the Apps or interacts with others on or through the Apps, or other specialists or professionals who participate on ElBalto in their capacity as experts.
ElBalto connects you with certified doctors, health information, answers, and tips, and even virtual consultations, all designed to make your life easier.
On ElBalto no formal medical diagnosis, treatment, or prescriptions are allowed. ALL INFORMATION PROVIDED ON ELBALTO OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY ELBALTO, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS WITH ELBALTO MEDICAL EXPERTS IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND IS IN NO WAY INTENDED TO CREATE A PHYSICIAN – PATIENT RELATIONSHIP AS DEFINED BY ANY LOCAL OR INTENATIONAL LAW; ELBALTO IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT; AND RELIANCE ON ANY INFORMATION PROVIDED BY ELBALTO OR ANY ELBALTO MEDICAL EXPERTS IS SOLELY AT YOUR OWN RISK.
ElBalto App may be used for limited medical care (as appropriate)
On ElBalto, as available and appropriate for virtual consults, diagnosis and prescriptions are available. ElBalto is not a substitute for: health insurance, a primary care doctor, or in-person health care interactions. You agree not to use ElBalto as a substitute for health insurance or a primary care doctor or in- person doctor visits. You understand and agree that prescriptions on ElBalto are limited in type and duration, and you agree not to use ElBalto to request prescriptions for any medications or for any duration not permitted via ElBalto.
We May Update this Agreement
What We Do and What We Don’t Do (ElBalto)
We Do Support Your Health Decisions (ElBalto)
ElBalto is designed to support the health decisions and choices that you make. These decisions and choices are yours, and we believe that you are the best decision maker about your health and that these decisions should be made in connection with the advice you receive within a formal doctor-patient relationship. Always use common sense when making health decisions. ElBalto cannot make decisions for you. We can help you find good health information and, where available and appropriate, connect with doctors for care via ElBalto.
We Don’t Practice Medicine (ElBalto)
On ElBalto you can ask and find informational questions and related educational answers by Medical Experts. ElBalto is not a place for the practice of medicine, but Medical Experts on ElBalto can be a resource for reliable, relevant general health information. We hope these services will be of value to you. Please use them responsibly.
We Do Provide Access to Doctors for Care (ElBalto)
On ElBalto you can obtain a Telehealth service where the use of interactive audio and video technology to connect you with doctors. ElBalto is a technology facilitator and is NOT A MEDICAL PROVIDER OR HEALTH CARE PROVIDER,
We Don’t Create Doctor-Patient Relationships (ElBalto)
The use of ElBalto does not create a doctor-patient relationship. ElBalto contains Content, and may help you identify services or may offer services. Everything on ElBalto, including Content accessed or Services provided through ElBalto, are for your information, and should be used for informational purposes only. This means that Content and Services are not a substitute for medical advice, diagnosis, treatment, or care from your physician.
We Do Support Doctor-Patient Relationships
ElBalto support doctor-patient relationships. ElBalto may be used where an ongoing doctor-patient relationship exists
We Aren’t Your Doctor (ElBalto)
Interactions on ElBalto do not constitute the practice of medicine and consultations cannot be used for providing a formal medical diagnosis, for a physical examination, for obtaining prescriptions, or for treatment. Do not use ElBalto or Content or Services to diagnose or treat a medical condition.
We’re Not For Use in Emergencies
Never use ElBalto or Content or Services in a potential or actual medical emergency.
Always consult your doctor
Consult your doctor or your healthcare provider if you have any questions about a symptom or a medical condition, and before starting or stopping any treatment directed by your physician or your healthcare provider, or before taking any drug or changing your diet.
- SEEK THE ADVICE OF YOUR DOCTOR OR YOUR OTHER QUALIFIED HEALTHCARE PROVIDER WHENEVER YOU HAVE A PERSONAL QUESTION ABOUT A MEDICAL CONDITION OR SYMPTOM.
- NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE, OR DELAY SEEKING MEDICAL ADVICE OR TREATMENT, BECA– USE OF SOMETHING YOU READ OR LEARN ON ELBALTO.
- CALL your EMERGENCY PROVIDER (OR YOUR LOCAL EMERGENCY SERVICE) OR YOUR DOCTOR IMMEDIATELY IF YOU BELIEVE YOU MAY OR DO HAVE A MEDICAL EMERGENCY.
ElBalto Medical Experts
Independence of ElBalto Medical Experts
Independence of ElBalto Medical Experts ElBalto Medical Experts and professionals or specialists utilizing or featured on ElBalto are not employees or independent contractor service providers of ElBalto. Any opinions, advice, or information expressed by any such individuals are those of the individual and the individual alone and they do not reflect the opinions of ElBalto. ElBalto does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on ElBalto or by a licensee of ElBalto. (Doctors on ElBalto are independent contractors of separate professional corporations) The inclusion of professionals and specialists on ElBalto or in any professional directory on ElBalto does not imply recommendation or endorsement of such professional nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professional contained therein. SUCH INFORMATION IS PROVIDED ON AN “AS-IS” BASIS AND ELBALTO DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. ELBALTO SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY ANY PARTY (INCLUDING, WITHOUT LIMITATION, ANY — USER) IN RELIANCE ON INFORMATION ABOUT PROFESSIONALS AND SPECIALISTS ON ELBALTO. The use of ElBalto by any entity or individual to verify the credentials of professionals or specialists is prohibited.
All opinions and statements expressed by ElBalto Medical Experts on or through ElBalto are solely the individual and independent opinions and statements of such individuals and do not reflect the opinions of ElBalto, its affiliates or any other organizations or institutions to which such specialist or professional is affiliated or provides services.
We are committed to protecting the privacy of children. ElBalto is not intended or designed for children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 16. Registered adult users of ElBalto may use ElBalto for the benefit of children.
Your Account and Your Use of ElBalto You are responsible for your account: keep your password and real name private.
Accurate and complete registration information is required to use ElBalto. You are responsible for the security of your passwords and for any use of your account. Please immediately notify us of any unauthorized use of your password or account. Allowing any other person or entity to use your identity for posting on or using ElBalto is not permitted. Do not include your real name or any other information that could be used to identify you in anything you post that is publicly visible on ElBalto (such as in questions or other public submissions).
Your use must be legal and you must be an adult to use ElBalto.
Your use of ElBalto and any Content and Services must comply with all applicable federal and state laws, regulations, and ordinances. Currently, you must be at least 16 years old to use ElBalto.
We’ll send you notices and information.
When you register, you agree that ElBalto may communicate with you, including by sending information, correspondence, and notices to you. These communications may be sent via email, SMS (text message), push notification, or otherwise using contact information associated with your account, including information provided when you register or update information in your Account Settings. We have a No-Spam policy, and you can opt out of communications and control your communications preferences through your Account Settings. We do not sell or distribute the email addresses of our users. For more about how we share your personal information with you, see the terms related to our Content and Services (below) and our Privacy Statement.
Content and Services
ElBalto is for personal use.
ElBalto is a service for individuals to use to support their personal health decisions. You may use ElBalto for personal, but not for commercial, purposes in accordance with all applicable federal, state and local laws. Organizations, companies, and businesses may not become registered members or use our Apps as entities or through individual members. Licensed doctors and other qualified medical experts may apply to participate on ElBalto for educational purposes as Medical Experts, or to provide virtual consults via ElBalto App. The Content is licensed only for the personal, household, and educational use of a single individual. No commercial use or commercial redistribution of any Content is permitted. Any hyperlink or other re-display of the information on another WebSiteBL must display the Content full-screen and not within a “frame” on the linked or other site, unless expressly pre-approved and permitted by ElBalto in writing. By using ElBalto, you agree not to harvest, scrape or otherwise collect any information about our members or doctors for any reason, including but not limited to for sending unsolicited communications, including spam.
elBalto must be used responsibly.
You agree to use the Apps and any Service responsibly, and in a manner that is not: unlawful, threatening, harassing, abusive, defamatory, slanderous, libelous, harmful to minors, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, invasive of another’s privacy, or racially, ethnically or otherwise offensive, hateful or abusive. You also agree not to intentionally overuse any Service or use any Service for medically inappropriate purposes.
ElBalto may not be used for illegal purposes.
ElBalto does not make recommendations or endorsements. We do not recommend or endorse any specific Content, Services, tests, doctors, products, procedures, opinions, or other information that may be mentioned on ElBalto. ElBalto is designed to be used with common sense, and in connection with the advice of your doctor or healthcare provider. Reliance on ElBalto Content or Services is solely at your own risk. Some Content and Services, including posts by Medical Experts, may be or have been provided by third parties directly and are not reviewed or certified by ElBalto. We cannot guarantee that the Content and Services will help you achieve any specific goals or results. Content regarding dietary supplements or other treatments or regimens has not been evaluated by the Food and Drug Administration and is not intended to diagnose, treat, cure, or prevent any disease.
ElBalto does not guarantee the accuracy of Third Party Content.
ElBalto has no editorial control over or responsibility for Content provided by third parties and any opinions, statements, products, services or other information expressed or made available by third parties (including Medical Experts) or users on ElBalto are those of such third parties or users. We make no representations about the accuracy or reliability of any opinion, statement or other information provided by any third party, and do not represent or warrant that your use of the Content displayed or referenced on ElBalto will not infringe rights of third parties not owned by or affiliated with ElBalto.
We are not responsible for anything outside of ElBalto. Content and Services, links to other apps, web sites or information, software, data, or other content, online or offline (“External Content and Services”), such External Content and Services and related information are outside of our control. We do not control, endorse, verify the truth or accuracy of, or review content outside of ElBalto and we are not responsible for such content. The information, software, data, or other contents (including opinions, claims, comments) contained in linked references are those of the companies or individuals responsible for such External Content and Services and cannot be attributed to ElBalto. We do not warrant, nor are we in any way responsible for, information, software, data, privacy policies, related or pertaining to External Content and Services.
You are responsible for your use of our Mobile Features. The platforms available via the Apps (the “ElBalto Platforms”) offer features and services available to you via your mobile phone or other mobile device. These features and services may include the ability to upload content to the ElBalto Platforms, receive messages from the ElBalto Platforms, download applications to your mobile phone or access ElBalto Platforms features (collectively, the “Mobile Features”). Standard messaging, data and other fees may be charged by your carrier. Your carrier may prohibit or restrict certain Mobile Features, and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. As applicable, instructions regarding how to opt-out of Mobile Features will be disclosed in connection with Mobile Features. The instructions will typically require you to text a keyword (such as “STOP,” “CANCEL,” “END,” “UNSUBSCRIBE,” “QUIT,” etc.) to the applicable shortcode for the Mobile Feature, or to change your profile settings inside the Apps. You agree to notify ElBalto of any changes to your mobile number and update your account(s) on the ElBalto Platforms to reflect this change.
You agree that we may send you limited personal information by email, SMS and mobile telephone notification.
When you use action-oriented features on ElBalto (including participating in a Virtual Consult), you agree that ElBalto may send you automatically via e-mail, mobile telephone or other contact information provided by you in your account settings, content including but not limited to, reminders relating to health checklists or doctor recommended actions for you. You also understand and agree that by receiving such protected health information by e-mail, SMS or mobile telephone notification, you will be charged by your wireless or internet provider and that such e-mails, SMS or mobile telephone notification may be generated by an automated dialing system. You control the utility, and the privacy, of the reminders you receive. In your account settings, you can control what information is sent to you, and where it’s sent, and you can unsubscribe or opt-out from receiving reminders via email, SMS or mobile telephone notification , or any of them. If you prefer not to receive personal information by email or mobile notification, you agree to update your account notification settings.
Use of Your Information
We respect the privacy of your personal information. We only use data you share with ElBalto as set forth in the ElBalto Privacy Statement, your account Settings, and applicable law. If you create, transmit, or display health and wellness or other information while using ElBalto, you agree to do so with information that you own or have the right to use.
We cannot control external communications (including email, SMS, and notifications).
Email, and short message service (SMS), text message communications and mobile push notifications from the Apps are not encrypted. You can opt out of receiving email, SMS/text messages, and mobile push notifications. Although unlikely, it is possible for these communications to be intercepted or accessed without your authorization, and by using the Apps, you release ElBalto from any liability arising from or related to any such interception or unauthorized access.
We Do Not Advertise.
There is no paid advertising on ElBalto.
Consent to Terms and Policies
We make no representation that all products, Content or Services described on or available through the Apps (including ElBalto App), are appropriate or available for use in locations outside the United States or all locations within the United States. Registered Users and Visitors access our Content and Services on their own initiative and are responsible for compliance with local laws. We make no claim that Content or Services are appropriate or may be downloaded outside of the United States. Personal information (“Information”) that is submitted to ElBalto will be collected, processed, stored, disclosed and disposed of in accordance with applicable law and our Privacy Statement. If you are a non. member, you acknowledge and agree that ElBalto may collect and use your Information and disclose it to other entities outside your resident jurisdiction. In addition, such Information may be stored on servers located outside your resident jurisdiction. law may not provide the degree of protection for Information that is available in other countries. By providing us with your Information, you acknowledge that you consent to the transfer of such Information outside your resident jurisdiction as detailed in these Terms and our Privacy Statement. If you do not consent to such transfer, you may not use our Content or Services. The product information provided on ElBalto is intended only for residents of the United States, and may have different product labeling and disclosure requirements in different countries.
ElBalto owns or has rights to the Content and Services. When you use the Apps, you do so under a license from us. Your license to use ElBalto is personal, revocable, nonassignable, and nonexclusive. This means that you may not use the Apps for any commercial purpose, that we can take away your right to use the Apps, that you cannot give this license away to someone else, and that other members can use our Content and Services. All right, title and interest in and to the Apps and the Content, together with all intellectual property rights embodied therein (including without all engagement, rating, and ranking systems and methodologies on the Apps) are the property of ElBalto or our affiliates, excluding your rights under law to any information. Rights retained by other parties in the Content are their respective rights.
You must ask our permission to use our Trademarks. We have obtained or applied for various Trademarks and service marks. ElBalto, the ElBalto logo, other ElBalto Trademarks and service marks and other ElBalto logos and product and service names are our trademarks (the “ElBalto Marks”). If you would like to use or display any ElBalto Marks, you must ask our permission. Without our prior written permission, or according to the media use guidelines we publish, you agree not to display or use in any manner the ElBalto Marks. All trademarks, brands, and content on ElBalto are the property of their respective owners.
You agree not to infringe our Copyrights, Trademarks, Trade Secrets, Patents or other intellectual property rights.
You agree not to engage in any activity that would constitute copyright infringement with respect to the Content. You may not reproduce, create derivative works of, distribute, publicly perform or publicly display the Content or any portion thereof without our prior written consent. You may, however, use the Apps as they are designed and intended to be used, including using App features which allow you to re-post Content or portions of Content, including those which permit you to distribute Content through other third party applications and mediums (such as Facebook or Twitter), so long as you do not modify that Content or the functionality of those features in any way. This right to re-post Content does not create for you or grant to you any additional rights in such Content. Additionally, you may not use any metatags or any other “hidden text” utilizing the name “ElBalto” without our prior written permission.
You agree not to access, attempt to access, or use our Data without our Permission.
You agree not to access, attempt to access, request access not authorized by the Apps or use any any App Content or data without our Permission. This means that you agree not to transmit, download, upload, post, sell, rent, license, transfer, disclose, mirror, frame, reverse engineer, decompile, disassemble, or use any aspect of the Apps or any Content, in whole or in part, in any form or by any means. Contact us if you believe materials on our Apps infringe your copyright.
If you believe any materials accessible on or from ElBalto infringe your valid and enforceable copyright, you may request removal of (or access to) those materials (or access thereto) from us by contacting us and providing us with information pursuant to our DMCA Removal Procedure.
You agree to abide by our Submission Guidelines You agree that you will not upload or transmit any communications or content of any type that infringes or violates any rights of any party. The personal information you submit to ElBalto is governed by the ElBalto Privacy Statement, the terms of which shall govern in the event of any inconsistency with this Agreement. You agree that member or expert submissions will apply with ElBalto’s Submissions Terms and Policies. If you are a member you agree to the Member Submission Terms and Policies. If you are an expert you agree to the Expert Submission Terms and Policies.
You give us rights in what you submit.
Don’t submit anything to us if you don’t want to give us rights to it. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them on, through, or to ElBalto, by email or otherwise.
ElBalto Medical Experts
About ElBalto Medical Experts
Personally Identifiable Information
Our members have a right to the privacy of their identity. ElBalto does not disclose personally identifiable information about our members (please see our Privacy Statement for details), however you understand and agree that if you choose to use ElBalto Services, that personally identifiable information will be visible to the doctors with whom you interact. As a reminder, we prohibit commercial use of the Apps.
All of our members are required to honor this Agreement.
Your permission to use the Content and Services ends immediately if you violate any of the terms of this Agreement. We may place limits on, modify, or terminate your right to access and use ElBalto and the Services and/or Content at anytime. This suspension or termination may delete information, files, and other previously available Content.
Changes to this Agreement
Indemnification & Exclusions and Limitations
Exclusion of Warranties
THE APPS AND THE CONTENT AND SERVICES ARE PROVIDED “AS IS.” NEITHER WE, ELBALTO, NOR ANY OF OUR LICENSORS MAKE ANY EXPRESS WARRANTIES, AND WE AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY WARRANTY THAT CONTENT OR SERVICES SATISFY GOVERNMENT REGULATIONS INCLUDING THOSE REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS.
Limitation of Liability of ElBalto
We cannot and do not assume any responsibility or liability for the use or misuse, by you or any third party, of any Content or other information submitted, transmitted, or received via our Apps.
Use at your own risk
The Apps and the Content are provided on as “as is” basis. NEITHER WE, ELBALTO, NOR ANY OF OUR LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, EVEN IF THE PARTY KNOWS OR SHOULD KNOW THAT OTHER DAMAGES ARE POSSIBLE, OR THAT DIRECT DAMAGES ARE NOT A SATISFACTORY REMEDY. THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION. WE DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Specifically, and without limiting the foregoing, We, our licensors, and our suppliers, make no representations or warranties about: (i) the accuracy, reliability, completeness, currentness, or timeliness of the Content provided on or through the use of ElBalto, whether by ElBalto or any other party; or (ii) the satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with ElBalto.
Specific limitation of liability regarding expert content on ElBalto.
Content on the Apps created, modified, submitted or validated by Medical Experts or other healthcare experts on ElBalto are subject to the following additional terms and conditions. (When we use the term Content elsewhere in this TOU, this term includes Expert Content.) The authors or third party posting such content (“Posters”) are solely responsible for their content. While we hope that you will find the Expert Content informative and educational, neither we nor the Poster make any representations or warranties with respect to any information offered or provided within or through the Expert Content regarding treatment of medical conditions, actions, or application of medication.
Under no circumstances, as a result of your use of the Expert Content or this Site, will the Expert Content Poster or such Poster’s employer or sponsor be liable to you or to any other person for any damages or harm-including any direct, indirect, special, incidental, exemplary, consequential or other damages under any legal theory, including, without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages. Without limiting the generality of the foregoing, the Poster (and such Poster’s employer and/or sponsor) shall have absolutely no liability in connection with ElBalto for: (a) any loss or injury caused, in whole or in part, by the Poster’s actions, omissions, or negligence, in procuring, compiling, or delivering information within or through Expert Content; (b) any errors, omissions, or inaccuracies in such information regardless of how caused, or delays or interruptions in delivery of such information; or (c) any decision made or action taken or not taken in reliance upon such information. This means you should not rely on the Expert Content or make medical or other important decisions based on it, and it also means that the Posters are not responsible for what you do or don’t do with the Content. For medical advice, treatment, or diagnosis, see your personal doctor or healthcare provider. You agree to indemnify and hold the Poster (and the Poster’s employer and/or sponsor) harmless from any claim or demand, including attorneys’ fees, made by any third party as a result of
- any content posted or made available by you through Expert Content,
- any violation of law that occurs by you through your use of Expert Content or this Site, and/or
- anything you do using Expert Content, our Apps and/ or the information contained therein.
ElBalto, its licensors, its suppliers, or any third parties mentioned on ElBalto are not liable for any personal injury, including death, attributable to or caused by your use or misuse of ElBalto or Content(including member supplied Content or Medical Expert supplied Content).Any claims arising in connection with your use of ElBalto or any Content must be brought within one(1) year of the first date of the event giving rise to such action.Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.The limitations of liability in this section do not apply to breaches of intellectual property provisions by you or your indemnification obligations relating hereunder.
IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT OR MATERIALS ON OUR SITE, OR ANY SERVICES OR INFORMATION AVAILABLE THROUGH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING OUR SITE.THIS LIMITATION APPLIES EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
By using the Apps, you agree to be bound by our Arbitration Agreement.This agreement applies to all users, whether members and Medical Experts.
General Legal Terms
ElBalto is a registered Trademark of ElBalto Company. Any other trademark, brand, or content on ElBalto that is not the property of ElBalto is the property of its respective owner.
We reserve the right to modify or discontinue our Content and Services (including but not limited to ElBalto) with or without notice to you, and you agree that we are not liable to you or any third party should we modify or discontinue any services, and that your only recourse is to cease using the Services. Continued use of Services following any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as modified.
Other parties may have rights under this agreement. A “third party beneficiary” is another party (for example, a company) who is not directly mentioned in an agreement, but who may have some rights arising out of an agreement. Our licensors may be third party beneficiaries to this Agreement pursuant to our agreements with them. To the extent our licensors are third party beneficiaries to this Agreement, the rights and protections provided to us under this Agreement inure to their benefit.
If we provide you with a translation of the English language version of this agreement, the English language version of this agreement will control if there is any conflict.
If we choose not to enforce any provision of this Agreement, we retain the right to enforce it in the future. This means that the failure to enforce any provision of this Agreement does not constitute a waiver of that provision.
If any provision in this Agreement is found to be unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision’s essential purpose.
Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. We request that you work with us to resolve any disputes for 30 days after notifying us of such issues before filing arbitration.
First things first: let’s try to sort it out. We want to address your concerns without a formal arbitration or case. Before filing a claim against ElBalto, you agree to make a good faith effort to try to resolve the dispute informally by contacting [email protected] and responding promptly to any related communications. We’ll try to resolve the dispute by contacting you via email. If a dispute is not resolved within 30 days of submission, you or ElBalto may bring a formal proceeding.
The Opt-Out deadline for optin out of this Arbitration Agreement has passed.
CLAIMS ARE TIME-BARRED. You agree that regardless of any statute or law to the contrary or the applicable dispute resolution process, any claim or cause of action you may have arising out of or related to use of the Service or otherwise under these must be filed within one (1) year after such claim or cause of action arose or you hereby agree to be forever barred from bringing such claim.
ElBalto Guidelines: Members
ElBalto Member Submissions Terms and Policies
On ElBalto only informational questions submitted for educational purposes are allowed. No personal health questions are permitted – questions may describe a general situation, illustration, illness or symptoms but please do not provide facts that give questions the impression of being unique to a single patient.
No requests for prescription, diagnosis or treatment should be made on ElBalto (for medical care, please use ElBalto App, as appropriate and available). Any second opinions received on ElBalto are not diagnosis, prescription, or treatment, and are for informational purposes only. The content of any response is at the sole discretion of the Medical Expert answering the question.
There is no guarantee that any submitted question will be answered; questions are answered at the sole discretion of participating Medical Experts. No follow up questions or personal information should be included in Thanks notes or other posts on or through ElBalto.
IN CONSIDERATION FOR PERMISSION TO — USE ELBALTO YOU AGREE TO ABIDE BY ALL APPLICABLE TERMS OF — USE WHEN POSTING AND NOT TO DO ANY OF THE FOLLOWING, WHICH CAN RESULT IN YOUR IMMEDIATE ACCOUNT CANCELLATION:
- No Individual or Specific Patient Questions. Do not post any facts that give the impression that a question is uniquely patient-specific, or are about a specific person, including yourself.
- Only Adults May Post. Minors may not create their own profiles on ElBalto and ElBalto does not permit the posting of questions by persons under 16 years of age. Caregivers may post educational questions related to authorized care recipients (such as the mother posting questions about an infant).
- No Posting of Personally Identifiable Information. Do not post name(s), email address(es), or telephone number(s), URLs, or any other confidential or Personally Identifiable Information for you or any other person or entity on ElBalto.
- No Posting for Illegal Purposes. Do not use ElBalto for any purpose in violation of local, state, federal, or international laws.
- No Infringing or Impersonating Postings. Do not post material that infringes on the copyrights or other intellectual property rights of others or on the privacy or publicity rights of others; do not post impersonating another person or entity.
- No Inappropriate Postings. Do not post material that is unlawful, misleading, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by us in our sole discretion.
- No Excessive or Inappropriate use. Do not use the Apps excessively or inappropriately or in ways that the Apps were not designed for or that are not, in the opinion of ElBalto doctors, medically appropriate or legitimate.
- No Promotions or Links. Do not post advertisements or solicitations or links to other WebSiteBLs or individuals.
- No Spam or Schemes. Do not post the same question more than once or “spam” ElBalto; no posting of chain letters or pyramid or other schemes.
- No Detrimental Behavior. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying ElBalto, or which, in the judgment of ElBalto, exposes us or any of our members, partners or suppliers to any liability or detriment of any type.
Rules for submitting questions or posting Content on ElBalto
You agree to our Terms and Conditions and Rules By using (including by accessing or attempting to access) ElBalto you agree that we have the right (but are not obligated) to: investigate an allegation that a communication or Content does not conform to these Terms and Conditions and determine in our sole discretion to remove or request the removal of the communication or Content; remove Content (including member-submitted questions) that we determine, in our sole discretion, to be abusive, illegal, or disruptive, or that otherwise fails to conform to these Terms and Conditions; terminate a member’s access to ElBalto upon any breach of any of these Terms and Conditions; terminate a member’s access to ElBalto if the member’s registration information and/or email address is no longer valid; and remove any communication in ElBalto; regardless of whether such communication violates these standards. We reserve the right to take any other action we deem necessary to protect the personal safety of our guests, visitors, and the public.
Be a responsible and sensitive community member It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography including links to pornographic sites, sexually explicit, medically inappropriate, or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions our Privacy Statement or any other ElBalto policy.
Don’t upload any viruses or software You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web site. You grant us a right when you upload or submit media or content
We need to have the right to display the content and media you upload to us. By uploading any media, like a photo, (a) you grant to us a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; and (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes ElBalto to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify ElBalto and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with these terms.
You understand that we may review and reject any submission We reserve the right to review all media or any other submission prior to or after submission to the site and to remove any media or any submission for any reason, at any time, without prior notice, at our sole discretion.
ElBalto Guidelines: Experts
ElBalto Expert Submissions Terms and Policies
Please note: The following guidelines apply to ElBalto, where the practice of medicine is not permitted. By submitting Content to ElBalto you agree to abide by these guidelines and terms. A few things you should know:
- Only informational Answers for educational purposes are allowed
- No personal, individualized health answers are permitted
- You have no obligation to answer any submitted question
- Make Expert Submissions only when you reasonably believe that they are likely to be useful and helpful to ElBalto members
- Agree with Expert Submissions only when you have fully reviewed and actually agree with the content, and do not agree with your own Submissions
- IN CONSIDERATION FOR PERMISSION TO — USE THE PUBLIC AREAS YOU AGREE TO ABIDE BY ALL OTHER TERMS OF — USE WHEN POSTING AND NOT TO DO ANY OF THE FOLLOWING, WHICH CAN RESULT IN YOUR IMMEDIATE SUSPENSION OR TERMINATION AS A MEDICAL EXPERT:
Avoid Practicing Medicine
ElBalto answers should be relevant content that is educational and informational. Answers can provide general guidance, context, and illustration. You are welcome to refer to general medical conditions, symptoms and treatments, but please do not diagnose any individual member or prescribe any specific treatment in your answers.
Individualized or diagnostic answers are not allowed and prescribing medications is not allowed. Answers should not provide specific treatment recommendations or give the impression that they are a substitute for a real-life consultation with a doctor. YOU ARE NOT PERMITTED TO PRACTICE MEDICINE ON OR THROUGH ELBALTO, EVEN IF YOU ARE INTERACTING WITH AN ACTUAL PATIENT OF YOURS.
Avoid Revealing Private Information
Feel free to interact professionally with members and create long-lasting relationships with those in your community. However, help us keep the personal information of our members confidential. Please don’t refer to members in or on Content in Public Areas by their real names, even if this information has been disclosed to you.
Avoid Offending Others
Responses should always be appropriate. Brief, casual, and friendly responses are the most useful. Help ElBalto remain a trusted resource, by avoiding potentially offensive content whenever possible.
Avoid Communications that Suggest a Physician-Patient Relationship
Share your professional clinical expertise though answers that are evidence-based and consistent with accepted standards in the medical community. ElBalto is for general questions. Refrain from using language that suggests an answer is provided for a single member. Unless you are in a Private Conversation with a user on ElBalto, refrain from answering questions that solicit your individual opinion as a single Medical Expert. Avoid answering questions or providing answers that suggest a duty of care and a physician-patient relationship.
Avoid Commercial Responses
You are allowed to link to external WebSiteBLs that are both appropriate and related to your responses, but answers on ElBalto should be complete and should not be used for primarily promotional purposes. Please do not plagiarize and cite sources where applicable. Using answers as a vehicle to promote a product or service is prohibited. Providing members with useful and beneficial information and attracting new patients through useful Content is permitted, but mere schilling is not.
Avoid Advertising or Specifically Soliciting Patients
Patients on ElBalto can find your professional contact information through your Virtual Practice, and can contact you for an appointment. However, please avoid violating medical board rules regarding advertising and patient solicitation.
Avoid Disclosing Confidential Material
Be careful not to discuss privileged or confidential details of past or current patients, or accidentally revealing confidential information in an indirect way – such as by discussing hypothetical illustrations that could be traced back to specific patients.
Avoid Violating Board Rules
Avoid other actions that violate board or other rules that apply to you.
Rules Governing Other Submissions
All other information, including suggestions, feedback, ideas, concepts and any other materials you disclose or offer to us on or in connection with ElBalto or any Content, are governed by the general member submission terms of this Agreement. This means that these submissions are made without any restrictions and without any expectation of confidentiality or compensation. You agree not to assert any property right or moral right of any kind with respect to any such submissions. You agree to our standard terms governing media submissions, except for the prohibition against uploading a facial portrait image of yourself for your Profile picture. You agree that your likeness, photograph, name, biographical information and any and all other information appearing.
The following terms apply to your use of ElBalto live virtual consults performed by video or audio or asynchronous inbox consults (collectively, “Virtual Consults”). By using ElBalto you represent that you understand and agree to all of the following:
Understandings, Agreements and Representations
- You are entering into an agreement with ElBalto which shall be a provider of professional medical services to you.
- You are entering into a physician – patient relationship with the physician associated with ElBalto that personally performs the Virtual Consult for you.
- You represent and warrant to ElBalto that you have a primary care physician.
- You understand and agree that the physicians associated with ElBalto are only providing minor non-emergency medical services with respect to Virtual Consults.
- You understand that you should never delay seeking advice from you primary care physician or other health professionals due to information provided by a Healthcare Provider through ElBalto. You agree to seek emergency help when needed, and continue to consult with your primary care physician as recommended by doctors on ElBalto and by your primary care physician.
- You understand that if your medical condition warrants emergency help, the physicians associated with ElBalto will direct you to the nearest local hospital emergency department or emergency room.
- You understand that the services offered by ElBalto are not health insurance, are not a substitute for health insurance, and you agree not to use such services as health insurance.
ElBalto is designed for use independent of health insurance
as an out-of-pocket cost service and that associated fees may not qualify for insurance or similar reimbursement.
- ElBalto is the provider of certain administrative services to ElBalto and does not provide professional medical services.
- ElBalto agrees to refund you the cost of your virtual consult performed by video or telephone in the event that you are not happy with how ElBalto’s physician spoke to you during such virtual consult. (Satisfaction Guarantee does not apply to asynchronous inbox consults.) This guarantee is subject to your submission to ElBalto of documentation supporting your request for a refund. All determinations of your eligibility for a refund are made solely by ElBalto and are final once ElBalto reaches its decision.
You agree that physicians associated with ElBalto performing a Virtual Consult, may not prescribe for you, the following drugs:
- Prescriptions for narcotics or DEA (Drug Enforcement Administration) (http://www.deadiversion.usdoj.gov/schedules/) controlled substances (Schedule I, II, III, IV)
- Prescriptions for medications that are restricted by states
- Prescriptions for medications for psychiatric illnesses
- Prescriptions for lifestyle medications such as erectile dysfunction or diet drugs.
- ElBalto are not doctors and do not practice medicine and do not participate in or interfere with the practice of medicine by doctors on ElBalto, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license.
- ElBalto collects information for the purposes of providing the Services (including virtual consults), marketing and promoting our Services and Premium Services to you, and for market research data.
- You understand and agree Virtual Consults involve the communication of your medical information, both orally and visually, to physicians and other health care practitioners located in Egypt or outside of country.
- You also understand and agree that by using ElBalto that we may automatically send your own personal health information and related reminders to you and you opt into receiving this information by email, mobile notification, or using other contact information provided by you in your account settings. You may opt out of receiving any such communication via email or mobile notification at any time through your account settings. If you prefer not to receive or do not consent to the receipt of personal health information by email or mobile notification, you agree to update your account notification settings before using ElBalto or any features utilizing reminders.
- You understand and agree that we are not responsible for the data bandwidth, signal strength, or internet or data connectivity of your mobile device or computer.
- You agree to refrain from abusive language or engaging in inappropriate behavior when with physicians during a consult and agree that a physician may terminate a consult at any time should inappropriate behavior or language be used or if in the physician’s sole judgment the consult is no longer appropriate or productive.
- You agree to refrain from excessive or inappropriate use of ElBalto , including but not limited to multiple consults for the same issue without a valid medical reason, attempts to obtain prescriptions unavailable through ElBalto or not previously prescribed to you in a prior ElBalto consult for the same issue, or any other behavior deemed by ElBalto doctor to be excessive or inappropriate.
- You agree to refrain from contacting or seeking to contact the physician for telemedicine care outside of the platform. This protects both patients and physicians and to ensure clinical care is delivered in a reliable, continuous and controlled platform. ElBalto is not responsible for any interactions with physicians not conducted on the ElBalto platform.
Consequently, you understand that you have all the following rights with respect to Virtual Consults:
- Free Choice. I have the right to withhold or withdraw my consent to Virtual Consults at any time without affecting my right to future care or treatment.
- Access to Information. I have the right to inspect all medical information transmitted during a Virtual Consult, including, without limitation, the name of the licensed physician associated with ElBalto treating me, and may receive copies of this information for a reasonable fee.
- Confidentiality. I understand that the laws that protect the confidentiality of medical information apply to Virtual Consults, and that no information or images from such interaction which identify me will be disclosed to other entities without my consent.
Risks. I understand that there are risks from Virtual Consults, including the following:
- Loss of records from failure of electronic equipment
- power or other technical failures with loss of communication
- invasion of electronic records by outsiders (hackers). Finally, I understand that it is impossible to list every possible risk, that my condition may not be cured or improved, and in rare cases, may get worse.
Benefits. I understand that I can expect the following benefits from Virtual Consults, but that no results can be guaranteed or assured:
- reduced visit time,
- rapid innovation of treatments
- focused information.
- Follow-up. In the event that the diagnosis and treatment by the physician associated with ElBalto does not resolve the medical issue for which you sought a Virtual Consult, you agree to consult with your primary care physician in person for follow-up treatment; and/or seek treatment, if necessary at a local hospital emergency department.
- Consequences. I understand that, by having my consent to live virtual consults performed by video or telephone or asynchronous inbox consults, my physician associated with ElBalto may communicate medical information concerning me to physicians and other health care practitioners located in other parts of the state/jurisdiction or outside the state/jurisdiction.
- Quality Assurance. I understand that records related to these consults may be reviewed under a ElBalto quality assurance program. Records of ElBalto Quality Assurance Committee records subject to confidentiality. Your Obligations
- Privacy Statement. You agree to ElBalto’s Privacy Statement, the terms of which are incorporated herein by reference.
- True and Accurate Information. You agree that that all information you provide on ElBalto relates to you and is current, complete, and accurate. Additionally, you agree to update and maintain such information on ElBalto to ensure that it is true, accurate, current and complete at all times.
- Payment. You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You authorize ElBalto to immediately invoice your credit card or other payment account provided for all fees and charges due and payable and agree that no additional notice or consent is required. ElBalto’s fees are net of any applicable sales tax and if any services or payments for any goods or services are subject to sales tax in any jurisdiction. You will be responsible for payment of such sales tax and any related penalties or interest and will indemnify ElBalto for any liability or expense incurred in connection with such sales taxes (including any use tax and any other tax measured by sales proceeds that ElBalto is permitted to pass to you) and ElBalto may automatically charge and withhold such taxes for services to be delivered within any jurisdictions that it deems is required. Unless otherwise agreed to by ElBalto in writing, all fees paid are non-refundable. ElBalto reserves the right, without notice, to modify, change, terminate, or suspend service for a subscription plan you are on if, for any reason, payment for such plan is not made or cannot be processed on the due date. This right to modify a subscription plan includes, but is not limited to, the right to change a subscription plan type (for example, from a fixed fee plan without consult co-pays to a lower priced fixed-fee plan with consult co-pays). You may adjust your subscription settings at any time (where applicable, by paying any amounts due).
- Emergency Help. You will agree to seek emergency help when needed or as recommended by doctors on ElBalto and you agree continue to consult with your primary care doctor as recommended by your primary care doctor or the doctors on ElBalto.
- ElBalto is a technology platforms not doctors, and do not practice medicine and do not participate in or interfere with the practice of medicine by doctors on ElBalto, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license.
- ElBalto collects information for the purposes of providing the Premium Services (including virtual consults), marketing and promoting our Services and Premium Services to you, and for market research data.
- You understand and agree Virtual Consults involve the communication of your medical information to physicians and other health care practitioners located in other parts of the state/jurisdiction or outside of the state/jurisdiction.
Additional Terms that Apply to Experts on ElBalto
THESE ADDITIONAL TERMS APPLY TO ELBALTO MEDICAL EXPERTS (“ADDITIONAL EXPERT TERMS”) WHEN USING ELBALTO AS A ELBALTO MEDICAL EXPERT. IF YOU ARE A ELBALTO MEDICAL EXPERT YOU AGREE TO ABIDE BY ALL ELBALTO TERMS OF — USE, AND THAT WHERE AN ADDITIONAL EXPERT TERM CONTRADICTS A MEMBER TERM OF — USE, THE ADDITIONAL EXPERT TERM SHALL PREVAIL. THESE ADDITIONAL EXPERT TERMS APPLY TO YOUR — USE OF ELBALTO AS A ELBALTO MEDICAL EXPERT; IF YOU — USE THE APPS AS A MEMBER, YOU AGREE TO ALL MEMBER TERMS OF — USE.
Medical Experts: Information
As a ElBalto Medical Expert, you are required to register with and use your real name, professional contact information, and (if you choose to upload a picture) a real image of you in your Public Profile. You consent to ElBalto’s use on or in connection with the Apps of your name, likeness, photograph, biographical information and other personal information provided by you to ElBalto or publicly available about you.
Medical Experts: Doctors in Good Standing
Licensed doctors may apply to be and participate as Medical Experts on ElBalto. Doctors whose licenses are or become suspended or revoked, for any reason, are not permitted and agree not to participate in any way, including but not limited to submitting Content to ElBalto, as a Medical Expert on ElBalto. ElBalto may expand the network to include other licensed medical experts.
Medical Experts: You Can Control Your Expert Submissions
You retain the right to edit and delete your own Expert Submissions that appear in your Public Profile at any time. You also retain the right to use and create derivative works from your own Expert Submissions elsewhere (such as on your own practice WebSiteBL, blog, or in your own social media posts).
Medical Experts: Permission to Post and Use Expert Submissions
When a ElBalto Medical Expert submissions related to any ElBalto feature or function and made for publication on ElBalto (such as an answer to a question) (an “Expert Submission”), you grant ElBalto an unrestricted right without limitation to use, reproduce, extract data from or add data to, publish and post any such Expert Submissions, including in connection with or on ElBalto, including in connection with your name. This means that when you make such a submission to us, you are giving us rights to this content, including the right to post it on ElBalto and use it in connection with ElBalto. You also give us the right to give or transfer all rights granted herein to others. While Expert Submissions generally are posted to ElBalto, we do not have an obligation to post any particular Expert Submission on ElBalto and reserve the right, at our sole discretion and for any reason whatsoever (including but not limited to an Expert Submission being reported to us), to not post and/or to remove any Expert Submissions at any time. Medical Experts: Rules when Submitting Expert Content So that everyone can enjoy ElBalto, we have rules for Expert Public Submissions. By submitting content to ElBalto you agree to follow our rules for Expert Submissions to ElBalto.
Medical Experts: Elbalto App
You will receive compensation for participating in ElBalto App according to the Additional Terms and Additional Terms and related agreements, which are incorporated herein by reference. When sign up for and deliver care through ElBalto, you agree to abide by all of the terms of the applications you submit to, and the contractual agreements you enter into with, ElBalto related to those services (including any representations and warranties and terms governing indemnification and obligations). Medical Experts: Conflicts Disclosure Policy
Disclosure of Relationships with Industry
You agree to comply with this Conflicts Disclosure Policy (“CDP”) when using ElBalto or making Expert Submissions. This CDP governs the disclosure of financial interests by ElBalto. Conflicts of interest can be financial and/or personal. As used in this policy, “Industry” means any company, entity, or third party that produces, manufactures, or distributes a pharmaceutical, medical device, implant, or other medical care-related product or service. All Medical Experts with a material financial relationship with Industry must disclose such a relationship in any answer or other similar Content submitted to ElBalto when such Content mentions any product or service in which such an interest exists, with the following or similar language: “The author or poster of this content has a financial interest in a product or service mentioned herein.”
No Posting Public Content for Pay
ElBalto in exchange for compensation of any kind, including but not limited to as a paid consultant to any entity (including any company or organization) or individual. Medical Experts should ensure that any conflict or potential conflict of interest does not affect or appear to affect his or her contributions of Content to ElBalto. Medical Experts approved for ElBalto may receive compensation for services rendered through ElBalto.
No Posting of Content Written by Interested Parties Medical Experts may not publish Content under their own names that is written in whole or material part by (a) parties with a financial interest in any product or service mentioned in the Content, or (b) employees of Industry. Accepting compensation for posting Content to Public Areas and/or posting ghostwriting by Interested Parties on ElBalto is prohibited.