These Terms and Conditions of Use are made by and between you and Tryon Medical Partners, PLLC, on behalf of itself and each of its direct and indirect subsidiaries (collectively referred to as “Tryon”) and govern your use of the Tryon websites (the “Website”), including all website pages whose URL includes “Tryonmed.com” or “TryonACO.com”. The Website and related services are provided subject to your compliance with these Terms and Conditions. Please read the following information carefully: Your continued use of the Website indicates your agreement to be bound by these Terms and Conditions. By accessing, visiting, browsing, using, or attempting to interact with any part of the Website, including any services available through the Website, you agree that you have read, understand, and agree to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, do not access or use any part of this Website.
Not Medical Advice.
The Website’s content and information is provided for general informational purposes only and is not medical advice. IF YOU NEED IMMEDIATE EMERGENCY HELP, CALL 911. Nothing on the Website should be interpreted as a recommendation for a specific treatment plan, product, course of action, or medical or healthcare provider. Although Tryon strives to provide accurate and current information, Tryon makes no guarantees whatsoever as to the correctness or accuracy of the content on this Website. Tryon does not endorse any medical or professional service obtained through information provided on this Website or any links to this Website. Use of this Website does not replace medical consultations with a qualified health or medical professional to meet an individual’s health and medical needs. Please see a physician or health professional if you suspect you are ill. You understand the live chat feature is available to help with finding general information on our website, scheduling appointments and requesting refills of current prescriptions.
Restrictions on Use.
Tryon’s Website is for your personal and non-commercial use only. You may not use this Website for any other purpose, including any commercial purpose, without Tryon’s express prior written consent. Any rights not expressly granted by these Terms and Conditions are reserved by Tryon. You may not use Tryon’s Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use and enjoyment of the Website. Further, you may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Website. As a condition of your use of Tryon’s Website, you warrant to Tryon that you will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions.
Links or Pointers to Other Sites.
This Website may contain links to other websites that are not operated or maintained by Tryon, and such links are accessed at the user’s own risk. Tryon does not endorse or accept any responsibility for the content or performance of such websites or your transactions with them, and Tryon makes no representations or warranties whatsoever about the content, completeness, safety, or accuracy of any other website you may access though this Website.
Passwords; Investigations and Reporting; Hold Harmless.
Any passwords used for this Website are for individual use only. You will be responsible for the security of your password (if any). Tryon may monitor your password and, at its discretion, require you to change it. You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Tryon reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Tryon reserves the right to investigate suspected violations of these Terms and Conditions. Further, Tryon reserves the right to fully cooperate with any law enforcement authorities or court orders requesting or directing Tryon to disclose the identity of anyone using the Website in violation of these Terms and Conditions. BY ACCEPTING THESE TERMS AND CONDITIONS YOU WAIVE ALL CLAIMS AGAINST TRYON AND HOLD TRYON HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY TRYON DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER TRYON OR LAW ENFORCEMENT AUTHORITIES.
MedChat.
MedChat is a HIPAA compliant Chatbot platform that allows patients to message live agents securely through our website or SMS Chats. MedChat offers the “Get SMS Chats” endpoint that allows you to get Tryon’s SMS Chats (text messages) programmatically. You may receive a secure SMS link that will route patients to a secure Live Chat or Chatbot interaction. By default, the secure link received by patients will display a “MedChat” URL link (Medchatapp.com).
Disclaimer.
Tryon assumes no responsibility and disclaims all liability for how you use the information provided through this Website and any decision made or action taken in reliance upon the materials or content of the Website. You exercise your own judgment when using any service or selecting a physician through this Website or any site or service linked to this Website. Your use of the Tryon Website is at your own risk, and you assume total responsibility and risk for your use of this Website, any website-related services, and linked websites. THE CONTENT OF THIS WEBSITE IS PROVIDED “AS IS”, WITH ALL FAULTS, AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TRYON DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT RELATED TO THE WEBSITE AND ITS CONTENT. TRYON MAKES NO WARRANTIES THAT USE OF THE CONTENT ON THIS WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. FURTHER, TRYON DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU, AND NOT TRYON, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE, ITS CONTENT, AND LINKS. TRYON DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MAY HAVE CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY AND SAFETY OF DATA INPUT AND OUTPUT AND FOR MAINTAINING A MEANS EXTERNAL TO THE WEBSITE FOR ANY RECONSTRUCTION OF LOST DATA.
Limitation of Liability; Release.
Tryon, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors shall not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, arising out of or relating in any way to the Website, any Website-related services, content or information contained within the Website, and/or any hyperlinked websites, even if Tryon has been advised of the possibility of such damages. You hereby release and forever waive any and all claims you may have against Tryon, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors (including but not limited to claims based upon the negligence of Tryon, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors) for losses or damages you sustain in connection with your use of this Website and any links from such Website. Neither Tryon, nor any of its subsidiaries, affiliates, directors, officers or employees, nor any third party vendor will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of the Website, or resulting from the act or omission of any other party involved in making the Website or the data contained therein available to you, or from any other cause relating to your access to or your inability to access the Website, whether or not the circumstances giving rise to such cause may have been within the control of Tryon or of any vendor providing software or services support.
Indemnity.
You agree to indemnify and hold Tryon, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, arising as a result of (a) any breach of these Terms and Conditions by you, including any use of the Website’s content other than as expressly authorized in these Terms and Conditions; and (b) any activity related to any account you create, including any negligent or wrongful conduct by you or any other person accessing your account. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any information accessed from this Website.
Third Party Rights.
The provisions of the Limitation of Liability; Release and the Indemnity provision above are for the benefit of Tryon’s officers, directors, employees, agents, licensors, suppliers, and information providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its/his/her own behalf.
Proprietary Information.
All pages and content within this Website (the “Content”) are the property of Tryon, Copyright © 2020 Tryon Medical Partners, PLLC, 5960 Fairview Road, Suite 500. Charlotte, North Carolina, 28210. All rights reserved. The Content is the proprietary information of Tryon or the party that provided or licensed the Content to Tryon, whereby such providing party retains all right, title, and interest in the Content. The Content may not be copied, distributed, republished, uploaded, posted, modified, displayed, licensed, used to create derivative works, transmitted, or sold in any way, in whole or in part, without the prior written consent of an authorized representative of Tryon, except that you may print a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Trademarks, service marks, and logos appearing in this Website are the property of Tryon or the party that provided the trademarks, services marks, and logos to Tryon, and Tryon and any party that provided trademarks, service marks, and logos to Tryon retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this Website.
Links to Our Site.
Third-party links to Tryon’s Website do not necessarily reflect any official association or relationship with such third party.
Choice of Law and Venue.
These Terms and Conditions are entered into in the State of North Carolina and shall be governed by and construed in accordance with the laws of the State of North Carolina, exclusive of conflict of law principles. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in Mecklenburg County in the State of North Carolina, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. You specifically consent to personal jurisdiction in North Carolina in connection with any dispute between you and Tryon arising out of these Terms and Conditions or pertaining to the subject matter hereof. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to reasonable costs and attorney fees.
Entire Terms and Conditions.
These Terms and Conditions constitute the entire agreement between Tryon and you pertaining to the subject matter of these Terms and Conditions and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Tryon with respect to Tryon’s Website. Notwithstanding the foregoing, any additional terms and conditions on this Website will govern the items to which they pertain.
Modifications.
Tryon reserves the right, from time to time, with or without notice to you, to make changes to these Terms and Conditions in Tryon’s sole discretion. Such changes shall be effective immediately after posting the modified Terms and Conditions. You agree to review these Terms and Conditions periodically to ensure that you are aware of any modifications. Continued use of any part of this Website constitutes your acceptance of such changes. The most current version of these Terms and Conditions, which supersedes all previous versions, can be reviewed by clicking on the “Terms and Conditions” hyperlink located at the bottom of the opening page of the Website.
Waiver; Assignment.
Tryon’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and Conditions. Tryon may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you.
Severability.
If any part of these Terms and Conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
Your Representations.
You represent and warrant that you are at least eighteen (18) years of age and that you possess the legal right and ability to enter into these Terms and Conditions and to use the Website in accordance with these Terms and Conditions.
Tryon Medical Partners Text Terms and Conditions
When you sign up for text messages in clinic, or via patient portal, you are authorizing Tryon to send you text messages related to your relationship with Tryon including updates related to your visits, Patient portal accounts, billing notifications, appointment reminders, care management, etc. The context provided via text is not intended and should not be relied upon for treatment or medical diagnosis. By agreeing to receive text messages from Tryon, you understand and acknowledge that text messages are not confidential or secure, unless you follow the link into a secure chat with MedChat via TryonMed.com.
You may opt out of SMS messages by updating your patient portal profile. If you have unsubscribed to text and would like to start receiving communication again, you may say so at your next visit, or call our Tryon Patient Connect line at 704-495-6334.
Resolving Disputes.
In the event there is a dispute between you and Tryon relating to Tryon text messaging communication, arising out of any matter, including in connection with any federal or state statutory provisions or the determination of scope or applicability of this agreement to arbitrate, such as dispute will be determined by arbitration in North Carolina before one arbitrator.
Carriers are not liable for delayed or undelivered messages. Message and data rates may apply for any messages sent to you from us and to us from you. Message frequency may vary.
BY USING THIS WEBSITE, YOU ACCEPT THESE TERMS.
Effective Date: SEPTEMBER 2024