Before using eDocHome, please take some time to carefully read our Terms of Service below (“Terms,” Terms of Service,” or “Agreement”). The Terms below constitute a binding contract between you and eDocHome.
If your eDocHome account is created by your employer, some of these terms may not apply to you.
You agree to use the Services only for lawful purposes, and that you are responsible for your use of the Services and communications with us, all of which must comply with these Terms. You agree not to use the Services in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Services.
You represent and warrant to eDocHome that: (i) all registration information you submit is accurate and truthful; (ii) you will maintain the accuracy of such information, and (iii) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (iv) will not violate any rights of eDocHome, including intellectual property rights such as copyright or trademark rights; and (v) agree to provide at your cost all equipment, software, and internet access necessary to use the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
If you are under 13 years of age, you are not authorized to use the Services, with or without registering. In addition, if you are under 18 years old, you may use the Services, with or without registering, only with the approval of your parent or guardian. A parent or guardian may, however, create an account on behalf of a minor. eDocHome reserves the right to ask for proof of age from you and your account may be suspended until satisfactory proof of age is provided.
eDocHome may, at its sole discretion, change these Terms from time to time. If changes to the Terms occur, we will notify you by posting the updated terms on the site or by email. It is your responsibility to check the Terms periodically for changes. Updated versions of the Terms will never apply retroactively and the updated Terms will give the exact date they go into effect. Your continued use of the Services following the posting of any changes to the Terms of Service means you accept those new terms. Therefore, you should review these Terms prior to each use. In addition, some services offered through the Service may be subject to additional terms and conditions adopted by eDocHome. Your use of those services means you agree to be subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
If you are under 18 years of age, you are not authorized to create a eDocHome account.
You shall never use another Member’s account. If you discover any unauthorized use of your account, or other known account-related security breach, you must report it to info@eDocHome.com immediately. You agree that you are responsible for anything that happens through your account until you cancel and close your account or prove that your account security was compromised due to no fault of your own.
eDocHome cannot and will not be liable for any loss or damage arising from your failure to comply with this section. Regardless of whether you create an account, you are still subject to the terms and conditions set forth in these Terms covering the delivery of the Services.
Promotional Discounts and Incentives
From time to time, eDocHome may provide you with promotional discounts – for example, as an incentive to use eDocHome’s Services, to establish a eDocHome account or to refer others to sign up with eDocHome. Such promotional programs will be governed by their own terms and conditions which will be presented at the time of such promotions. Unless otherwise provided in the promotional terms, promotional discounts are non-transferrable, cannot be redeemed for cash, and have an expiration date of one (1) year from the date of issue.
Modifications to Site or Services
eDocHome reserves the right to modify, suspend, or discontinue the Site or Services (including, but not limited to, the availability of any feature, database, or Content), whether temporarily or permanently at any time for any reason. You agree that eDocHome shall not be liable to your or to any third party for any modification, suspension, or discontinuation of the Services. eDocHome may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
Availability of the Site
You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control, Site access may be interrupted, suspended or terminated. You further understand that there may be interruptions in service or events on third-party sites, including, but not limited to, newbenefits.com and teladoc.com, that will affect your use of the Service (defined below) and that are beyond our control to prevent or correct. Interruptions in the Service that are beyond our control shall not serve as a basis to terminate your subscription or demand a full or partial refund of any fees.
To pay for your plan, you may be required to provide eDocHome with the information necessary to process such an order including: (i) your shipping address, (ii) your billing address, and (iii) your payment method. Again, if your eDocHome account is created by your employer, this paragraph may not apply to you.
Authorization to Charge Your Account
By creating an account and submitting your payment information to eDocHome, you authorize eDocHome to store your payment information and to charge the billing source you have provided for your account according to the Service you selected until your account is terminated.
Employers: If you fail to pay your fees on time, your entire account may be suspended or cancelled and a reactivation fee may be charged.
Individuals: If you fail to pay your fees on time, or if your banking or credit card payment information is entered in error or does not go through for processing and you do not update payment information upon our request, your entire account may be suspended or cancelled.
After your account is suspended or cancelled, you will still have access to the Site but you will not have access to your account information. To access or restore you your account or membership benefits…
**Individuals may call Member Services and provide a proper billing source
**Employers may contact finance@eDocHome.com to arrange payment
Unless otherwise stated, our charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). You are responsible for paying Taxes except those assessable against eDocHome based on its income. We will invoice you for such Taxes if we believe we have a legal obligation to do so.
You understand and agree that you will not use the Services to engage in the prohibited conduct below:
1. You shall not use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control.
If for any reason eDocHome determines that you have failed to follow these rules, we reserve the right to terminate or suspend your account, and prohibit any and all current or future use of the Site (or any portion thereof) and/or the Services by you. If we have reason to suspect, or learn that anyone is violating these Terms, we may investigate and/or take legal action as necessary including bringing a lawsuit for damages caused by the violation. We reserve the right to investigate and take appropriate legal action, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct.
We may suspend or cancel your account without notice or refund to you if you violate this Agreement. If your account is cancelled, eDocHome reserves the right to remove your account information along with any account settings from our servers with NO liability or notice to you. Once your account information and account settings are removed, you will not be able to recover this data and you will lose access to all of your content (except that content stored/published to third-party websites, that data will remain on said third-party websites pursuant to those website’s terms and conditions). If you cancel the Services before the end of your current paid-up subscription period, your cancellation will take effect immediately and you will not be charged again.
You acknowledge and understand that these Terms survive termination of your account, including our rights regarding any content you submitted to the website before your account was terminated. Following termination of your account, however, your license to use eDocHome. Content automatically terminates, and eDocHome has no obligation to provide you with use of the Site. All provisions of the Terms of Service that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Without limiting the foregoing, your correspondence or business dealings with, participation in promotions of or purchases from, third parties found on or through the use of the Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that eDocHome shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.
The Services contain features that enable various Third-party services to be integrated into your eDocHome account. To access these features, you may be required to register for or log into such Third-party Services on their respective websites or provide information through the Services for us to do so. By enabling third party services within the Services, you are allowing eDocHome to use your login information to access these third-party services for this purpose.
Our content is protected in many ways, including copyrights, trademarks, service marks, trade secrets, and other rights and laws. You agree to respect all legal notices, information, and restrictions contained in any content accessed through the Services. You also agree not to change, translate, or otherwise create derivative works based off our content.
You have a limited, revocable, non-exclusive, non-transferrable license to use the website and our content solely for legally permitted activities related to our Services as outlined in these Terms.
We, including third party partners and our affiliates, may ask you for Feedback (as further defined below) on your experience with the Services. eDocHome shall become the owner of any reviews, comments, suggestions or other feedback regarding the Services posted to the Site or on eDocHome’s social media pages (collectively, “Feedback”) and it may share with any of its affiliates. eDocHome will not be required to treat any Feedback as confidential, and will not be liable for any Feedback posted on the Site or elsewhere. Without limitation, eDocHome will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not eDocHome, have full responsibility for the Feedback, including its legality, reliability, appropriateness, originality, and copyright.
To the extent that you decide to post any content (“User Content”), including Feedback, on the Services or on eDocHome’s social media pages, you agree not to, and shall not permit any third party using your account to, post or transmit any unlawful, infringing, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, indecent, harmful, offensive, hateful or racially, ethnically or otherwise unlawful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, is tortious, violates any law or contract, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law. Specifically, you agree that your User Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant eDocHome all of the license rights granted herein. eDocHome may refuse to accept or transmit User Content. Additionally, eDocHome shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Content.
Other than Feedback, as between us and you, you agree that you own, or have obtained the right to post, all of the content and information that you post or share on the Site. By posting any User Content, you hereby grant us a royalty free, fully paid up, perpetual, irrevocable, fully sub-licensable, license and right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit your User Content in any manner we see fit. We may use your User Content in any manner for any purpose, including to advertise and promote eDocHome and the Services. We may exercise our rights anywhere in the world.
You specifically waive any “moral rights” in and to the User Content. The foregoing grant includes, without limitation, any copyrights and other intellectual property rights in and to your User Content. You represent and warrant that: you own the User Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section; and the posting of your User Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
If you fail to comply with these notice requirements, your notification may not be valid. Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
In accordance with the Digital Millennium Copyright Act, eDocHome has adopted a policy of, in appropriate circumstances, terminating User accounts that are repeat infringers of the intellectual property rights of others. eDocHome also may terminate User accounts even based on a single infringement.
Electronic Communications Privacy Act Notice (18 USC §2701-2711): FRESHBENIES MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SERVICES OR ANY WEBSITE LINKED TO THE SERVICES. eDocHome will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on eDocHome’s equipment, transmitted over networks accessed by the Services, or otherwise connected with your use of the Services.
You then agree to negotiate with eDocHome in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after eDocHome receives your written description of it, you agree to the further dispute resolution provisions below.
Mutual Agreement to Arbitrate
YOU AND FRESHBENIES AGREE THAT WE WILL RESOLVE ANY CLAIM OR CONTROVERSY AT LAW OR EQUITY THAT ARISES OUT OF OR RELATES TO THESE TERMS OR THE SERVICES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. You agree that, except as expressly set forth below, the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your use of the Services and these Terms, shall be final and binding arbitration, except to the extent that either party has, in any manner infringed upon or violated or threatened to infringe upon or violate the rights of either party or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case both sides acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by either party and/or the applicable third party(ies). You and we acknowledge that the Agreement affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement (despite any other choice of law provision).
Arbitration under these Terms of Service shall be conducted by the rules and procedures of the American Arbitration Association (the “AAA”). The AAA rules are available at www.adr.org or by calling 1-800-778-7879. The party requesting relief may choose to resolve the dispute through binding non-appearance based arbitration in which the arbitration will be conducted in one or more of the following manners at the option of the party initiating arbitration: telephone, online, or written submissions. The arbitration will not involve any personal appearances by the parties or witnesses unless otherwise agreed by the parties.
Regardless of the size of the claim, you and we agree to pay our own other fees, costs, and expenses, including those for any attorneys, experts, and witnesses. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees and expenses. As a limited exception to the mutual agreement to arbitrate, you and we agree that either party may take claims to small claims court, if the claims qualify for hearing by such court.
You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.
We may give notice by means of a general notice on the Site, App, electronic mail to your email address in your account, text message, or by written communication sent by first class mail or pre-paid post to your address in your account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or text). You may give notice to us, with such notice deemed given when received by us, at any time by first class mail or pre-paid post to the address set forth above or at such other address as we may advise from time to time, pursuant to this provision.
eDocHome reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Services to any person, geographic area, or jurisdiction we so desire.
You agree that eDocHome and its Services are deemed passive and do not give rise to personal jurisdiction over eDocHome or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of South Carolina. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of the Services, shall be filed only in the state or federal courts located in Anderson in the State of South Carolina and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.
Attention: Customer Service
PO Box 4336
Anderson, SC 29622