利用規約

1. サービスへのアクセスと使用

1. Acceptance of Terms
   By accessing or using DirecTCM (“we,” “us,” “our”) websites, platforms, or related services (“Services”), you acknowledge that you have read, understand, and agree to be bound by these Terms and Conditions (“Terms”). If you do not agree, you must not use our Services.
2. Amendment Rights
   DirecTCM may modify these Terms at any time. We will post the revised version on our website or notify you by email. By continuing to use our Services after modifications become effective, you agree to the updated Terms.
3. Compliance Obligation
   Users (including health professionals) are responsible for complying with these Terms, along with all applicable local, state/provincial, and federal laws and regulations.
4. Professional Authorization
   Health professionals (referred to as “Practitioners”) must be duly licensed and authorized in the relevant jurisdiction(s), must adhere to all applicable ethical and professional standards, and must comply with any applicable rules on pricing, product sales, or disclosure of financial interests to patients.

2. 資格と義務

1. Legal Age Requirement
   You must have attained the age of majority in your jurisdiction to use the Services.
2. Local Law Adherence
   You must comply with all laws relating to your professional conduct, the promotion or sale of products, and any taxation requirements in your jurisdiction.
3. Information Accuracy
   You agree to provide and maintain accurate personal information, payment details, and (if applicable) professional licensing information.
4. Certification and Licensure
   • Practitioners must provide valid proof of licensure or certification upon request.
   • If your license or certification expires, is suspended, or is otherwise invalidated, DirecTCM reserves the right to suspend or terminate your Practitioner account.
   • Students may be required to provide proof of enrollment in an accredited program and must use the Services for personal, friends’, or family use only (not in active practice), unless and until they upgrade to a fully licensed Practitioner account.
5. Tax Obligations
   • U.S. Residents: You are responsible for reporting income from sales conducted through DirecTCM to the Internal Revenue Service (IRS) and any other relevant tax authorities. DirecTCM is not responsible for maintaining or reporting your income records unless required by law.
   • Other Jurisdictions: You are similarly responsible for adhering to the tax obligations in your province, state, or country.
6. Embargo & Export Controls
   You must not use the Services in violation of U.S. or other applicable embargoes, export controls, or trade restrictions.

3. アカウントの責任

1. Confidentiality and Security
   You are solely responsible for all activities that occur under your account, including the confidentiality of your login credentials.
2. Unauthorized Use Notification
   You agree to promptly notify DirecTCM of any unauthorized access or use of your account.
3. Liability Disclaimer
   DirecTCM is not liable for losses or damages arising from unauthorized use of your account due to your failure to secure your access credentials.

4. 使用と行為

1. Unauthorized Representations Prohibited
   You must not represent or imply that you speak on behalf of DirecTCM unless explicitly authorized in writing.
2. Compliance with Product Promotion Laws
   Practitioners must ensure their promotions and recommendations comply with all legal requirements in their jurisdiction.
3. Publicly Displayed Pricing or Discounts
   • You may not publicly display or advertise discount or pricing information for products in a manner that associates such pricing with DirecTCM’s name or logo if doing so is prohibited by law or vendor policy.
   • You may privately share pricing or discount information with your patients through direct, non-public channels (e.g., direct emails, patient portals, or non-public clinic websites).
4. Responsibility for Product Claims
   You bear sole responsibility for any statements or claims you make regarding products.
5. Prohibited Activities
   You agree not to engage in any activity that is:
   • Illegal or violates the rights of others;
   • Harmful to DirecTCM’s brand, reputation, or operations;
   • Fraudulent, misleading, or deceptive;
   • Defamatory, abusive, or threatening;
   • Disruptive to our platform or other users.
     You also must not upload or share sensitive, confidential, or personal health information unless you are in compliance with all applicable laws and have received the necessary consents.
6. Content Standards
   Users must refrain from posting content that is offensive, obscene, or invasive of anyone’s privacy.
7. Intellectual Property and Privacy Respect
   You agree not to infringe on others’ intellectual property rights or privacy.
8. Identity Integrity
   You shall not create false identities, impersonate others, or misrepresent your affiliation.
9. Resource Usage
   You must not compromise site security, introduce malicious code, or overburden our platform.
10. Copyright Adherence
    Do not copy, distribute, or alter any copyrighted materials from DirecTCM without permission.
11. Account Access Limitation
    Only you (and if applicable, authorized staff under your direct supervision) may access your account.
12. Reputation and Safety
    You shall not engage in conduct that could harm DirecTCM’s reputation or compromise the safety of any party.
13. Misrepresentation
    You shall not misrepresent yourself as an agent or employee of DirecTCM.

5. Structure of Sales & Payments

1. Practitioner as Retailer
   • If you are a licensed healthcare professional selling products through the DirecTCM platform, あなた (the “Practitioner”) are considered the vendor or “seller of record.”
   • DirecTCM facilitates e-commerce, payment processing, and order fulfillment on your behalf.
2. No Referral Fees
   • ディレクTCM does not pay referral fees or per-patient commissions to Practitioners.
   • Practitioners set the final retail price (within any allowable range specified) and earn revenue from product sales. The revenue is ない a referral payment; it is the Practitioner’s share of the retail sale.
3. Payment Collection & Remittance
   • DirecTCM (or its designated Payment Processor) collects payment from the patient on your behalf.
   • After deducting DirecTCM’s platform or service fees, we remit the remaining sale proceeds to you according to your designated payout schedule.
4. Wholesale or Resale Restrictions
   • Practitioners in certain jurisdictions (e.g., U.S.) may purchase products for resale (“Wholesale”) if authorized by DirecTCM.
   • You must adhere to any separate Wholesale Policies DirecTCM may publish.
   • Suspected misuse of wholesale privileges or resale by patients in violation of policy must be reported to DirecTCM.
5. Disclosure & Compliance
   • Practitioners are strongly encouraged (and may be legally required) to disclose to patients any financial interest in the products they recommend.
   • Practitioners must ensure compliance with professional ethics rules, especially regarding product markups or profit on sales.
6. No Federal or Insurance Billing
   • By using DirecTCM, you agree ない to submit any product sales for reimbursement by Medicare, Medicaid, or any other third-party payers (federal or private). All transactions are cash-pay (direct to consumer).

6. コミュニケーションの同意

1. Agreement to Communications
   By creating an account, you consent to receive electronic communications (emails, SMS, push notifications) from DirecTCM related to account administration, product updates, and promotional content.
2. Opt-Out Provision
   You may opt out of promotional communications at any time. However, transactional or administrative messages relating to your account or Services will continue.

7. 消費税のコンプライアンス

1. Tax Handling
   • DirecTCM is responsible for collecting and remitting applicable sales tax on products sold through our platform, where required by law.
   • Practitioners must provide any tax-exemption or resale documentation if required by applicable jurisdictions.
2. No Guarantee of Exemption
   Tax regulations vary by jurisdiction. If you claim a tax exemption, it is your responsibility to provide valid documentation and ensure ongoing compliance.

8. DirecTCM の知的財産権

1. Proprietary Content
   DirecTCM’s websites, logos, software, text, graphics, and other materials (“Content”) are protected by copyright, trademark, and other intellectual property laws.
2. Usage Restrictions
   You may not copy, reproduce, distribute, modify, or create derivative works from any part of our Content without written permission.
3. No Transfer of Rights
   Use of our Services does not grant you ownership or any license to DirecTCM’s intellectual property beyond the limited, revocable right to access our platform as set forth in these Terms.

9. サードパーティのアプリケーションとリソース

1. Disclaimer of Responsibility
   DirecTCM is ない responsible for the content, availability, or accuracy of third-party websites, resources, or services linked or integrated with our platform.
2. Third-Party Interactions
   Any relationship or transaction you enter with a third party is between you and that party. DirecTCM disclaims liability for losses, damages, or claims arising from such interactions.
3. Account Connections
   If you connect your DirecTCM account to third-party services (e.g., EHR platforms), you agree that data shared is at your own risk. DirecTCM is not liable for misuse of data once it leaves our platform.

10. 保証の否認

DIRECTCM PROVIDES THE PLATFORM, PRODUCTS, AND SERVICES “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) WARRANTIES OF MERCHANTABILITY, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
We do not guarantee uninterrupted or error-free service, nor that the platform is free from viruses or other harmful components.

11. 補償と責任の制限

1. Indemnification
   You agree to defend, indemnify, and hold harmless DirecTCM, its affiliates, and their respective officers, directors, and employees from any claims, liabilities, or expenses (including reasonable legal fees) arising out of your use of the Services, any breach of these Terms, or any violation of law.
2. Liability Limitation
   To the fullest extent permitted by law, DirecTCM shall not be liable for any indirect, special, incidental, or consequential damages (including lost profits), even if advised of the possibility. In no event shall DirecTCM’s aggregate liability exceed the total service fees collected from you in the three (3) months preceding the event giving rise to the claim.
3. Jurisdictional Limitations
   Some jurisdictions do not allow certain liability exclusions or limitations. In such cases, DirecTCM’s liability will be limited to the maximum extent permitted by law.

12. Data Privacy & Security

1. Compliance with U.S. Laws
   DirecTCM’s privacy practices comply with U.S. law. By using our Services, you consent to our collection and use of data as outlined in our Privacy Policy.
2. User Responsibilities
   You are responsible for all data charges from your mobile or internet service providers. You agree to comply with all applicable data privacy laws in your jurisdiction regarding storing or transmitting patient information or other sensitive data.
3. HIPAA and PHI
   In circumstances where DirecTCM may handle Protected Health Information (“PHI”), we are committed to maintaining compliance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and all applicable rules and regulations. We implement administrative, physical, and technical safeguards to protect PHI, require employees to sign confidentiality agreements, and maintain a secure environment to prevent unauthorized access, use, or disclosure of PHI.

13. iOS – Apple 固有の規約

These Terms are between you and DirecTCM, not with Apple. Your use of our iOS app is subject to Apple’s App Store Terms and Conditions. Any usage of Apple’s Touch ID, Face ID, or other device features is at your discretion. DirecTCM does not have access to biometric data stored on your device.

14. Reporting Misuse

1. Reporting Violations
   If you see any content or activity that you believe violates these Terms or any applicable DirecTCM policies, please report it to [Insert Contact Email].
   If you suspect a patient is purchasing products for unauthorized resale, report it to [Insert Contact Email].
2. Enforcement
   DirecTCM reserves the right to investigate possible violations of these Terms and to cancel, suspend, or terminate accounts if misuse or a violation is reasonably suspected or has occurred.

15. 法的管轄権

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to conflict-of-law principles. You agree to submit to the exclusive jurisdiction of the state or federal courts located in California for resolution of any disputes arising under or related to these Terms.

16. 不可抗力

DirecTCM is not liable for any delays or failures resulting from events beyond its reasonable control, including natural disasters, war, strikes, internet interruptions, or other uncontrollable circumstances.

17. 可分性と非権利放棄

1. Severability
   If any provision of these Terms is deemed unenforceable, the remaining provisions shall remain in full force and effect.
2. Non-Waiver
   Failure to enforce any provision of these Terms does not constitute a waiver of that provision or of any other provision.

18. アカウントの停止

1. Termination Rights
   DirecTCM may terminate or suspend your account or access to the Services at any time, with or without notice, for any or no reason.
2. Refund Limitations
   If your account is terminated (other than for your breach), refunds (if any) are limited to the amount paid for undelivered products or services. DirecTCM may offset potential damages resulting from your breach against any sums owed to you.

19. カリフォルニア州のユーザーの権利

Pursuant to California Civil Code Section 1789.3, California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 N. Market Blvd., Suite N112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

20. 課題

1. Transfer Restrictions
   You may not assign or transfer any rights or obligations under these Terms without DirecTCM’s prior written consent.
2. DirecTCM’s Assignment Rights
   DirecTCM may assign or transfer its rights or obligations under these Terms at its discretion without restriction.

21. 電子通信と署名

By using DirecTCM’s Services, you agree that all communications, notices, agreements, and disclosures provided electronically satisfy any legal requirements as if in writing. You also agree that any time you click “I agree” or a similar button, you are submitting an electronic signature legally equivalent to your handwritten signature.

22. Additional Terms for Consumers

22.1 Informational Purposes Only

• The content and information available through the DirecTCM platform (“Platform”) is provided for informational purposes only and is ない intended to replace medical advice, diagnose conditions, or treat medical emergencies.
• Always seek professional medical advice for any health-related concerns. In an emergency, contact local emergency services immediately.
• DirecTCM and its affiliates do not warrant or guarantee the accuracy, completeness, or timeliness of any content. Product information may change, and labels or warnings on actual packaging may differ from what appears on the Platform.

22.2 Consumer Accounts and Responsibilities

• Personal Use Only: You must be at least 18 years of age (or the age of majority in your jurisdiction) to create a consumer account and use the Platform. You agree to use the Platform solely for personal, non-commercial purposes. Reselling of products obtained through the Platform is strictly prohibited.
• Account Security: You are responsible for safeguarding your account credentials. Notify DirecTCM immediately if you suspect unauthorized access.
• No Insurance Billing: You agree not to submit any products or services purchased through the Platform for reimbursement by federal or commercial insurance providers.

22.3 Ordering & Payment

• Order Acceptance: Any listings or product details on the Platform constitute an invitation to make an offer, not a confirmed sale. Orders may be accepted or declined at the discretion of your healthcare provider or DirecTCM.
• Payment Processing: By placing an order, you authorize our designated third-party payment processor to process charges using the payment method you provide. Payment Processor terms may apply in addition to DirecTCM’s Terms.
• Shipping & Risk of Loss: Shipping dates are estimates. Title and risk of loss pass to you once the product is shipped. You are responsible for all shipping costs or restocking fees, if applicable.

22.4 Prohibited Conduct

When using the Platform, you agree ない to:

1. Violate any applicable laws or regulations.
2. Upload or transmit content that is unlawful, defamatory, obscene, or infringes on third-party rights.
3. Interfere with, disrupt, or compromise the security of the Platform.
4. Use bots, scrapers, or other automated tools to access or collect information from the Platform.
5. Engage in fraudulent, misleading, or harmful activity.

22.5 Disclaimer of Warranties

• AS IS Basis: All products, content, and services are provided “as is” and without warranties of any kind, whether express or implied, including fitness for a particular purpose or non-infringement.
• No Guarantee: We do not guarantee uninterrupted or error-free operation of the Platform or that all errors will be corrected. Use of the Platform is at your sole risk.

22.6 Limitation of Liability

• To the maximum extent permitted by law, DirecTCM and its affiliates shall ない be liable for indirect, special, incidental, or consequential damages arising out of your use of the Platform or purchase of any products.
• In no event will DirecTCM’s total liability exceed the amounts you have actually paid for products in the preceding six (6) months.

22.7 Privacy & Data Security

• Our handling of personal information is governed by applicable privacy laws and our プライバシーポリシー.
• You are responsible for complying with local data privacy laws regarding your own data usage or transmission.
• Healthcare Provider Compliance: For questions regarding your provider’s compliance with healthcare regulations, please contact them directly.

22.8 Third-Party Resources

• The Platform may include links or connections to third-party sites or services. DirecTCM does not endorse or control those resources and is not responsible for any loss or damage arising from your use of them.

22.9 Changes & Termination

• We reserve the right to update these Additional Terms or suspend/terminate consumer accounts at our discretion.
• By continuing to use or access the Platform after updates become effective, you agree to the revised terms.

22.10 Governing Law

• These Additional Terms are governed by the same choice of law and dispute resolution provisions detailed in the main DirecTCM Terms and Conditions.

Questions or Concerns

If you have any questions regarding these Terms, please contact DirecTCM at:

• Eメール: CS@DirecTCM.com
• Address: DirecTCM, 18008 Sky Park Cir #100B, Irvine, CA 92614

Revised and posted May 5, 2025.