Please carefully read these terms and conditions of use (“Terms of Use”) as they govern your access to and use of Noble Telehealth LLC’s (“Noble,” “we,” “us,” and “our”) Platform. Your acceptance of, and compliance with, these Terms of Use is a condition to your use of www.caresync.tech, www.platform.caresync.tech, https://platform.caresync.tech/external-intake, https://nobletelehealth.com/ (our “Websites”) and all software, content, and services (the “Services”) made available through our Websites (collectively referred to as our “Platform”).
By clicking “Accept,” you acknowledge that you have read in its entirety, understand, and fully accept all terms and conditions contained in these Terms of Use and our Privacy Policy. If you do not agree to be bound by these Terms of Use and our Privacy Policy, you are not authorized to access or use our Platform and/or the Services, please PROMPTLY EXIT THIS WEBSITE.
If you received access to the Platform through a healthcare provider (“Provider”), your use of the platform is also subject to the requirements described in such Provider’s agreement with Noble (“Platform Agreement”).
Binding Arbitration. These Terms of Use provide that all disputes between you and Noble that in any way relate to these Terms of Use or your use of the Platform will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with Noble.
1. No Medical Care or Advice
Noble is a provider of cloud-based software as a service solution to help healthcare providers conduct telehealth visits, access electronic medical records, and verify insurance coverage and costs. Noble is not a medical group and does not provide medical advice, care, and/or treatment. Noble will have no liability to you for any telehealth services provided by Providers or any other third-party healthcare providers through the Platform or decisions made based on those third-party services.
The Content of the Platform, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. You should always seek the advice of your qualified heath care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. Noble does not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be included on the Platform. Reliance on any information appearing on the Platform, whether provided by Noble, its content providers, its clients, visitors to the Platform or others, is solely at your own risk.
2. Prescription Services and Fees
As part of the Services, Noble can facilitate the delivery of prescription medication by our partners. Noble is not a pharmacy and does not hold itself out as a pharmacy. Medication is prescribed at the discretion of healthcare providers and only if medically necessary. Noble makes no guarantees that you will get a prescription. Healthcare providers must be able to write prescriptions through Noble in order for Noble to facilitate the delivery of the medication. You agree that prescriptions are for your personal use. You also agree to read all the information and labels that accompany your prescription(s) and to contact a pharmacist or your healthcare provider with questions. Please note that healthcare providers do not prescribe controlled substances as part of the Noble prescription services.
3. Not For Emergencies
Our Platform and the Services are not for medical emergencies or urgent situations. You should not disregard or delay seeking medical advice based on anything that appears or does not appear on our Platform. If you believe you are experiencing an emergency, call 9-1-1 immediately.
4. Privacy Policy
You agree that information provided by you in connection with the Platform and the Services shall be governed by our Privacy Policy, which is hereby incorporated and made part of these Terms of Use.
5. Ownership of the Platform
All pages, features and content within this Platform and any material made available for download are the property of Noble, or its licensors or suppliers, as applicable. The Platform is protected by United States and international copyright and trademark laws. The contents of the Platform, including without limitation all data, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Platform (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by these Terms of Use or otherwise approved in writing by Noble. You shall comply with all proprietary notices contained in any Content accessed via the Platform. You must obtain our prior written consent when using Content to: (i) develop any software program, including but not limited to, training a machine learning, artificial intelligence (AI) system, or large language model; or (ii) providing archived or cached data sets containing Content to another person or entity. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content or other proprietary information (including images, text, page layout, or form) of Noble without our express written consent.
6. Trademarks
The Noble Telehealth and CareSync names and logos and all related names, logos, service names, designs and slogans are trademarks of Noble or its affiliates or licensors. You must not use such marks without the prior written permission of Noble. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
7. Access to the Platform, Security and Restrictions; Passwords
You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Platform or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.
Except for ADA accessibility purposes, you may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Platform, deep-link to any feature or Content on the Platform, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform (collectively “Automated Action”).
Violations of system or network security may result in civil or criminal liability. Noble will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any activity being conducted on the Platform.
In the event access to the Platform or a portion thereof may be limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by Noble. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Platform may be revoked by Noble at any time with or without cause. You agree to defend, indemnify and hold Noble harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Noble arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Platform, or access by anyone using your user ID and password.
8. License to Use Our Platform
Subject to the Provider’s payment of fees as set forth in the applicable Platform Agreement, Noble grants to you a non-exclusive, non-transferable, non-sublicensable right to access and use the Platform on any device that you own or control in accordance with the provisions of these Terms of Use. Noble reserves all rights in and to the Platform not expressly granted to you under these Terms of Use. The terms of these Terms of Use will govern any Content, materials, or services accessible from the Platform as well as upgrades provided by Noble that replace or supplement the Platform, unless such upgrade is accompanied by a new or revised Terms of Use. You may not transfer, redistribute or sublicense the Platform. You may not copy (except as permitted by this license), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Platform, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Platform).
The license to use our Platform is restricted as follows:
- Limitations on Copying and Distribution. You may not copy or distribute the Platform except to the extent that copying is necessary to use the Platform for purposes set forth herein.
- Limitations on Reverse Engineering and Modification. You may not reverse engineer, decompile, disassemble, modify or create works derivative of the Platform, except to the extent expressly permitted by applicable law.
- Sublicense, Rental and Third Party Use. You may not assign, sublicense, rent, timeshare, loan, lease or otherwise transfer the Platform, or directly or indirectly permit any third party to use the Platform on a device not owned and controlled by you.
- Proprietary Notices. You may not remove any proprietary notices (g., copyright and trademark notices) from the Platform or its documentation.
- Use in Accordance with Documentation. All use of the Platform must be in accordance with its then current documentation, if any, provided with or made available on the Platform.
- Confidentiality. You must hold the Platform and any related documentation in strict confidence for your own use only.
- Compliance with Applicable Law. You are solely responsible for ensuring your use of the Platform is in compliance with all applicable foreign, federal, state and local laws, and rules and regulations.
9. Account Set-Up and User Information
You agree to: (a) provide true, accurate, current, and complete information when registering to use the Platform and establishing your account, and all other or additional information you input or load into the Platform in connection with your use of the Platform (collectively “User Information”) and (b) maintain and promptly update the User Information to keep it true, accurate, current, and complete. If you provide any User Information that is untrue, inaccurate, not current, or incomplete, or Noble has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Noble may suspend or terminate your account. You will comply with all applicable legal requirements, including obtaining prior consent or licenses if necessary, when transferring or otherwise making available User Information to Noble. Except as otherwise permitted by this Agreement, Noble will access and use User Information solely for purposes of providing the Platform, delivering maintenance and support, and otherwise performing its obligations under this Agreement. Noble’s permitted use of User Information includes the right for Noble to share User Data with a healthcare provider at your request, solely for purposes of providing the Platform. You are entirely responsible for maintaining the confidentiality of any passwords and any usage and activities that occur in connection with your account. You agree not to allow others to access your account or utilize your password. Doing so will compromise the security of your account.
10. Accuracy and Integrity of Information
Although Noble attempts to ensure the integrity and accuracy of the Platform, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Platform and Content thereon. It is possible that the Platform could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Platform by third parties. In the event that an inaccuracy arises, please inform Noble so that it can be corrected. Noble reserves the right to unilaterally correct any inaccuracies on the Platform without notice. Information contained on the Platform may be changed or updated without notice. Additionally, Noble will have no responsibility or liability for information or Content posted to the Platform from any non-Noble affiliated third party.
11. Support for Platform; Functionality
All questions and requests relating to support of the Platform must be directed to Noble. We may change or remove functionality and other features of the Platform at any time, without notice.
12. Links to Other Sites
Noble makes no representations whatsoever about any other website that you may access through the Platform. When you access a non-Noble website, please understand that it is independent from Noble, and that Noble has no control over the content on that website. In addition, a link to a non-Noble website does not mean that Noble endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to the Platform, you do this entirely at your own risk.
13. No Users Under 18 Years Old
In order to access the Platform and the Services, you represent and warrant that you are 18 years old or older. If you are under the age of 18, please do not attempt to register with us on the Platform or provide any personal information about yourself to us. If we learn that we have collected personal information from someone under the age of 18, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 18, please contact us using the Contact Information below.
14. Disclaimer of Warranties
NOBLE DOES NOT WARRANT THAT ACCESS TO OR USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. THESE PLATFORM, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE RELATED TO THE PLATFORM, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. NOBLE DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE PLATFORM.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PLATFORM, PLATFORM-RELATED SERVICES, AND LINKED WEBSITES. NOBLE DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD AND DISTRIBUTED BY NOBLE ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.
15. Limitation of Liability Regarding Use of the Platform
NOBLE AND ANY THIRD PARTIES MENTIONED ON THE PLATFORM ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE PLATFORM, PLATFORM-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE PLATFORM, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM, PLATFORM-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE PLATFORM AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF NOBLE TO YOU WITH RESPECT TO YOUR USE OF THE PLATFORM IS $500 (FIVE HUNDRED DOLLARS).
16. External Services
The Platform may enable access to Noble’s and/or third-party services and websites (collectively and individually, “External Services“). You agree to use the External Services at your sole risk. We are not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. A link to a non-Noble website does not mean that we endorse or accept any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. Data displayed by the Platform or External Service, including but not limited to financial, medical, and location information, is for general informational purposes only and is not guaranteed by Noble or its agents. You will not use the External Services in any manner that is inconsistent with the terms of these Terms of Use or that infringes the intellectual property rights of Noble or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten, or defame any person or entity, and that we are not responsible for any such use. External Services may not be available in all languages and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. We reserve the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
17. Governing Law and Jurisdiction
All matters relating to the Platform and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida in each case located in the Florida although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
18. No Third Party Rights
Unless expressly stated in these Terms of Use, nothing herein is intended to confer any rights, obligations, duties, or remedies, on any person other than you and Noble. Nothing in the Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to you and Noble, nor shall any provision give any third parties any right of subrogation or action over against you or Noble. The Platform is only provided for your benefit and may not be relied on by any third party.
19. Dispute Resolution; Arbitration Agreement
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AGREE THAT BY USING THE PLATFORM, YOU AND NOBLE ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. YOU AND NOBLE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR COLLECTIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
You and Noble agree that all claims and disputes arising from or relating in any way to the subject matter of these Terms of Use, your use of our Platform, or your and Noble’s dealings with one another in connection with our Platform, shall be finally settled and resolved through BINDING INDIVIDUAL ARBITRATION as described in this section. This agreement to arbitrate is intended to be interpreted broadly. The arbitration will be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) under the JAMS Comprehensive Arbitration Rules and Procedures then in effect, except as modified by this section. The Comprehensive Arbitration Rules and Procedures are available online at jamsadr.com/rules-comprehensive-arbitration/. You agree that, by agreeing to these Terms of Use, the Federal Arbitration Act (“FAA”) will govern the interpretation and enforcement of this section.
There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. Neither you nor Noble will be able to have a court or jury trial or participate in a class action or class arbitration. You and Noble each further understand and agree that by agreeing to resolve any dispute through individual arbitration:
YOU AND NOBLE ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ANY DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MULTIPLE PARTIES.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE, YOUR USE OF OUR WEBSITE, OR YOUR AND NOBLE’S DEALINGS WITH ONE ANOTHER IN CONNECTION WITH OUR WEBSITE MUST BE COMMENCED IN ARBITRATION WITHIN TWO YEARS AFTER THE CAUSE OF ACTION ACCRUES. AFTER SUCH TWO-YEAR PERIOD, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
You and Noble agree that all challenges to the validity and applicability of the arbitration provision (i.e., whether a particular claim or dispute is subject to arbitration) shall be determined by the arbitrator. Notwithstanding any provision in these Terms of Use to the contrary, if the class action waiver above is deemed invalid or unenforceable, neither you nor Noble will be entitled to arbitration. If the arbitration provision in this section is found unenforceable or to be not applicable for a given dispute, then the proceeding must be brought exclusively in the state and federal courts of competent jurisdiction located in Florida, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes, and you still waive your right to a jury trial, waive your right to initiate or proceed in a class or collective action, and remain bound by all limitations on liability and damages included in these Terms of Use. This arbitration provision will survive termination of your use of our Platform. This arbitration provision involves interstate commerce and, therefore, shall be governed by the FAA, and not by state law. Information on JAMS, how to start arbitration, and a description of the arbitration process can be found at www.jamsadr.com.
If you wish to opt-out of the agreement to arbitrate, within thirty (30) days after you first use our Platform or submit through our Platform a request for information, you must provide your individual, personally signed notice of your intention to opt out to Noble by email at support@nobletelehealth.com
If you opt out of the arbitration provision, you agree to litigate exclusively in the state or federal courts of competent jurisdiction located in Florida, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes, and you still waive your right to a jury trial, waive your right to initiate or proceed in a class or collective action, and remain bound by all limitations on liability and damages included in these Terms of Use.
If this Arbitration Agreement provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for Florida.
20. Waiver and Severability
No waiver by Noble of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Noble to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of the Terms of Use will continue in full force and effect.
21. Entire Agreement
The Terms of Use and our Privacy Policy, along with any applicable Platform Agreement, constitute the sole and entire agreement between you and Noble with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Platform.
22. Revisions; General
Noble reserves the right, in its sole discretion, to terminate your access to all or part of the Platform, with or without cause, and with or without notice. In its sole discretion, Noble may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Your continued use of the Platform after revisions to these Terms of Use shall constitute your agreement to the revised Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within the Platform.
23. Contact Us
If you have any questions, concerns, complaints or suggestions regarding our Terms of Use or otherwise need to contact us, you may contact us at the contact information below or through the Contact Us page on our Platform.
How to Contact Us:
Noble Telehealth LLC
525 S Independence Blvd Ste 120
Virginia Beach, Virginia 23452
Telephone: 877-399-3371
Email: support@nobletelehealth.com
