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Terms & Conditions

Table of Contents

Last Revised: February 27, 2024

AGREEMENT TO OUR LEGAL TERMS

We are Palmshade Medical Inc(“Company,” “we,” “us,” “our”), a company registered in Florida, United States at 1000 Brickell Ave Ste 715-1871, Miami, FL 33131.
We operate the website http://www.palmshademedical.com (the “Site”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).

You can contact us by phone at 1-800-688-1451, email at info@palmshademedical.com, or by mail to 1000 Brickell Ave Ste 715-1871, Miami, FL 33131, United States.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Palmshade Medical Inc, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by
as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Telehealth Services. Telehealth involves the delivery of health care services using electronic communications, information technology or other means between a health care provider and a patient who are not in the same physical location. While the provision of health care services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth. The Telehealth Services are not intended to take the place of your relationship with your regular in-person health care practitioners or primary care physician. Before receiving Telehealth Services, you will be required to review and agree to the Telehealth Informed Consent that will be provided to you, which provides a description of the risks and benefits of telehealth, and constitutes your voluntary authorization to the rendering of Telehealth Services by Palmshade Medical LLC and Providers. You agree that Palmshade Medical is a third-party beneficiary of the Telehealth Informed Consent and has the right to enforce it against you. Palmshade Medical LLC and Providers have also adopted a Notice of Privacy Practices describing their collection and use of your health information. By accessing or using any part of the Services, you are acknowledging receipt of the Notice of Privacy Practices from your Palmshade Medical LLC and Provider(s).

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property 

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”). Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world. The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use only. 

Your use of our Services

Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to: 

  • access the Services; and 
  • download or print a copy of any portion of the Content to which you have properly gained access. solely for your personal, non-commercial use. Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: info@palmshademedical.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content. We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions 

Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services. 

Submissions, By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such a Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You are responsible for what you post or upload: By sending us Submissions through any part of the Services you: 

  • confirm that you have read and agree with our “PROHIBITED ACTIVITIES” and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading:
     
  • to the extent permissible by applicable law, waive any and all moral rights to any such Submission;  
  • warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
     
  • warrant and represent that your Submissions do not constitute confidential information. You are solely responsible for your Submissions, and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law. 

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation. 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). 

4. USER REGISTRATION

 
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. 

5. PURCHASES AND PAYMENT

We accept the following forms of payment: 

  1. Visa 
  2. Mastercard 
  3. American Express 
  4. Discover 

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars. 

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. 

6. POLICY

Please review our Return Policy posted on the Services prior to making any purchases.

7. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to: 

  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. 
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords. 
  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein. 
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services. 
  • Use any information obtained from the Services in order to harass, abuse, or harm another person. 
  • Make improper use of our support services or submit false reports of abuse or misconduct. 
  • Use the Services in a manner inconsistent with any applicable laws or regulations. 
  • Engage in unauthorized framing of or linking to the Services. 
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services. 
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. 
  • Delete the copyright or other proprietary rights notice from any Content. 
  • Attempt to impersonate another user or person or use the username of another user. 
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”). 
  • Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services. 
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you. 
  • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services. 
  • Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. 
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services. 
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software. 
  • Use a buying agent or purchasing agent to make purchases on the Services. 
  • Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email,
    or creating user accounts by automated means or under false pretenses. 
  • Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise. 
  • Use the Services to advertise or offer to sell goods and services. 

8. USER GENERATED CONTRIBUTIONS

The Services does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Services and through third-party websites. When you create or make available any Contributions, you thereby represent and warrant that:

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party. 
  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms. 
  • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.  
  • Your Contributions are not false, inaccurate, or misleading. 
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. 
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us). 
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. 
  • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people. 
  • Your Contributions do not violate any applicable law, regulation, or rule. 
  • Your Contributions do not violate the privacy or publicity rights of any third party. 
  • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors. 
  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap. 
  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation. 

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services. 

9. CONTRIBUTION LICENSE

You and Services agree that we may access, store, process, and use any information and personal data that you provide and your choices (including settings). 

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you. 

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. 

10. GUIDELINES FOR REVIEWS

We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity: (5) you should not be affiliated with competitors if posting negative reviews; (8) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements;
and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review. 

11. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third- Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering
practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites. 

12. SERVICES MANAGEMENT

 We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability. to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services. 

13. PRIVACY POLICY

We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy posted on the Services, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

14. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. 

15. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services. 

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith. 

16. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and to be entirely performed within the State of Florida, without regard to its conflict of law principles.

17. DISPUTE RESOLUTION

Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in Miami-Dade County, Florida, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms. 

18. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice. 

19. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES
OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES. (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. 

20. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL.
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

21. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

22. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits
by any means other than electronic means. 

24. CALIFORNIA USERS AND RESIDENTS

By providing your mobile number, sending Palmshade Medical  an initial text, or otherwise opting-in to receive telephonic communications from Palmshade Medical, you are agreeing to be contacted by Palmshade Medical, on behalf of the Palmshade Medical Incor your Provider(s), at the mobile number you have provided, including calls and text messages, regarding your User Account and use of the Platform and Services. These text messages or calls may be automated and may include information about your treatment plan, appointment reminders, order confirmations, messages from your Provider, and other transactional messages. You may also sign up to receive promotional and marketing calls and text messages. You are not required to consent to promotional and marketing calls and text messages as a condition of purchase. You may update your notification preferences at any time by going through your User Account. By consenting to receive text messages from us, you represent that you are the subscriber of the cellular service at the mobile number provided or that you are authorized by the subscriber to sign-up for texts.

If you enroll in text messages from Palmshade Medical, you understand and agree that: (1) you will be responsible for any message and data rates that may apply for any messages sent to you from Palmshade Medical from you, (2) message frequency may vary, and (3) neither Palmshade Medical, nor your, Palmshade Medical’s  mobile carriers, are liable for delayed or undelivered messages. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

Our text messages are supported on all U.S. carriers. Please note, however, that the supporting mobile carriers may change without notice, and the particular text message program you join may be limited to specific carriers. 

You can opt out of transactional text messages by updating your notification preferences in your User Account. We may send you a text message to confirm your opt out of transactional text messages. Please note that if you withdraw your consent to receive text messages, some Platform features and certain Services may no longer be available to you and you may not receive important and helpful information and reminders about your Services. If you have revoked consent and want to re-enroll in receiving transactional text messages, you can re-enroll by updating your notification preferences in your User Account. 

25. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these

Legal Terms.

26. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Palmshade Medical Inc
1000 Brickell Ave Ste 715-1871
Miami, FL 33131
United States
Phone: 1-800-688-1451
info@palmshademedical.com 

 
These terms of use were created using Termly’s Terms and Conditions Generator. 

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Think you might have a Cold Sore?

A Bronchitis can bring a mix of symptoms like sore throat, congestion, runny nose, headache, and coughing leaving you feeling run down and eager for relief.
The good news is that at virtuwell, we can show you the best ways to combine OTC remedies for pain and discomfort. We treat colds for adults, and kids age 2 and older.

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Think you might have a Clogged ducts?

Clogged ducts can cause breast pain, tenderness, and redness, leaving you feeling uncomfortable until you can get relief.

Our certified nurse practitioners can teach you the best techniques to clear clogged ducts and prescribe antibiotics for infections, if needed. Palmshade Medical is a safe and convenient way to get relief and get on with your day pain-free.

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Think you might have a Swimmer's Ear?

Swimmer’s ear (otitis externa) is a painful bacterial infection of the ear canal that can occur in adults and children. Symptoms include itching, redness, odorless drainage and pain that worsens when you move your outer ear.

Evidence shows we can rely on symptoms to safely treat swimmer’s ear infections online. We focus on OTC medications for pain and antibiotic drops for the bacterial infection (age 5+).

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Think you might have a Stye?

A stye is an inflammation of one or more of the glands on the edge of the eyelid. Symptoms include a bump on the top or bottom eyelid, swelling of the eyelid, tenderness, pain, redness and a scratchy sensation on the eyeball.

At Palmshade Medical, we safely treat styes every day, online, for adults, and kids age 1 and older. Answer a few questions and upload a photo, and we’ll show you the best ways to take care of a stye.

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Think you might have a Pink Eye?

Pink eye (conjunctivitis) brings red, itchy, burning, crusty or oozing eyes. Pink eye can be caused by bacteria, a virus or allergens.

At Palmshade Medical, we safely treat pink eye online, for adults, and kids age 1 and older. Answer a few questions and upload a picture, and we’ll recommend safe treatments including prescription eye drops and antibiotics.

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Think you might have a Eye or Ear Infection?

Ear infections can occur in adults and children. Symptoms include ear pain, itching, drainage, crackling or popping, and feeling plugged. Kids may pull at their ears or cry when lying down.

Evidence shows we can rely on symptoms to safely treat ear infections online. Adults are treated at Palmshade medical with antibiotics and other OTC medications to manage pain. For kids (age 5+), we follow the American Academy of Pediatrics, which recommends pain treatment in the first 3 days to avoid unnecessary antibiotics. We also prescribe antibiotic drops for an outer ear infection, commonly called Swimmer’s Ear (age 5+).

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Think you might have a Yeast Infection?

Yeast infections bring symptoms like a thick, white discharge and itching from the vaginal area. It’s often confused with another infection, bacterial vaginosis, which is associated with a grayish discharge and strong odor. A yeast infection is commonly due to the fungus Candida. It is found in small amounts in the vagina normally. However, when the balance of bacteria and yeast in the vagina is altered, the yeast may increase in numbers.

We treat women 15 and older for yeast infections. Antifungal and antibiotic prescriptions help quickly relieve symptoms and return your body to the right balance.

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Think you might have a Genital Herpes?

Genital herpes is a common, contagious sexually transmitted virus or STI, caused by direct contact with the herpes simplex virus type 1 and/or type 2. Genital Herpes often has no obvious symptoms, but can sometimes include sores or blisters in the affected area. Once you contract the herpes virus it stays in your body forever. An outbreak can flare any time the immune system is weakened.

If you think you have a genital herpes outbreak, Palmshade Medical can help. We can diagnose adults age 18 and older, and treat the outbreak quickly and discretely online.

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Think you might have a Emergency Contraception?

Emergency contraception pills are used to prevent pregnancy, and are sometimes referred to as Plan B or the morning after pill. Emergency contraception is most effective when taken within 72 hours of unprotected sex. Palmshade Medical can prescribe emergency contraception for women age 18 and older. It shouldn’t be used as a regular form of birth control, and it won’t terminate or negatively affect an existing pregnancy.

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Think you might have a Breast Infection?

A breast infection, or mastitis, can cause breast pain, tenderness, and redness, leaving you feeling uncomfortable until you can get treatment.

Our certified nurse practitioners can teach you the best techniques to relieve clogged or plugged ducts and prescribe antibiotics for your infection. Palmshade Medical is a safe and convenient way to get relief from mastitis and get on with your day pain-free.

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Think you might have a Gonorrhea?

Gonorrhea is a common, contagious and treatable sexually transmitted infection (STI). It affects both men and women, and often has no symptoms.

Symptoms for men can include painful urination, testicular pain, and painful intercourse. Symptoms for women can include painful urination, pelvic or abdominal pain, changes in vaginal discharge, bleeding between periods, and painful intercourse. Sometimes, a gonorrhea infection can begin with no symptoms at all and can go undetected for months or even years. Left untreated it can cause serious damage to your reproductive organs.

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Think you might have a Bladder Infection?

A bladder infection (UTI) can cause painful urination, burning, frequent urination, and blood-tinged, cloudy, or strong-smelling urine.

The good news is that at Palmshade Medical, we safely treat bladder infections online for women ages 15 and older, without the need for a urine sample. Research shows that a culture is not necessary to treat common bladder infections. Our certified nurse practitioners will review your symptoms and help distinguish a bladder infection from something more serious.

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Think you might have a Birth Control?

Birth control is a method used to prevent pregnancy. When most people think about birth control, they likely think of the pill and other forms of hormonal birth control. The first birth control pill was approved by the Federal Drug Administration (FDA) in 1960, and since then, there have been many advancements in the development of different types and forms of birth control.

Today, millions of women in the U.S. rely on hormonal birth control to prevent pregnancy. There are hundreds of brands of birth control pills, as well as other alternatives to oral contraceptives, such as the birth control patch and ring.

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Think you might have a Bacterial Vaginosis?

Some people with bacterial vaginosis (BV) experience symptoms, but many do not. In fact, an estimated 84% of people with BV have asymptomatic BV and don’t notice any symptoms. If you do have symptoms, they can be mild or severe and may be more noticeable after sex or around the time of your period.

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Think you might have a Sinus Infection?

Sinus infections (sinusitis) can cause sinus pain and pressure, facial and tooth pain, congestion and thick mucus, and leave you feeling all clogged up, run down, and hoping for relief.

At Palmshade Medical, we safely treat sinus infections every day, online. We’ll help with bacterial, allergic, and viral sinus infections. Your treatment plan may include personalized prescriptions or over-the-counter (OTC) medications. Palmshade Medical treats sinus infections for adults and children ages 2 and older.

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Think you might have a Seasonal Allergies?

Especially during spring and fall, allergies can hit hard. A runny or stuffy nose, itchy and watery eyes, and head congestion can make it difficult to enjoy the great outdoors. Common allergy symptoms include sneezing, runny or stuffy nose, itchy and watery eyes, and head congestion.

Whether it’s hay fever or seasonal allergies, Palmshade Medical can help. We treat allergies for adults and children ages 2 and older.

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Think you might have a Pet Allergies?

We love our pets, but pet allergies can make life with our furry friends miserable. Common symptoms include a runny and/or stuffy nose, itchy or watery eyes, an itchy nose, sneezing, and head congestion. Pet allergies are an allergic or histamine reaction to pet dander around you that causes nasal congestion (allergic rhinitis) and sinus inflammation, and are sometimes mistaken for hay fever or other common allergies.

Whether you have a dog allergy, a cat allergy, or something else, Palmshade Medical can help. We treat allergies for adults and children ages 2 and older.

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Think you might have a Laryngitis?

Laryngitis is most often caused by a viral infection or simply overusing your voice. Symptoms can include hoarseness or loss of voice, a dry, raw, or sore throat, a tickling sensation in your throat, or a dry cough.

At Palmshade Medical, we can help heal your vocal cords and soothe your throat. We treat laryngitis for adults and children ages 2 and older.

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Think you might have a Common Cold?

A common cold can bring a mix of symptoms like sore throat, congestion, runny nose, headache, and coughing, leaving you feeling run down and eager for relief.

The good news is that at Palmshade Medical, we can show you the best ways to combine over-the-counter (OTC) remedies for pain and discomfort. We treat colds for adults and children ages 2 and older.

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Think you might have a Chlamydia?

Chlamydia is a common sexually transmitted infection (STI) that is easily spread and easily treated. It affects both men and women, and often has no symptoms.

We can prescribe treatment for chlamydia and other common STIs if you or your partner have positive test results.

And, we offer simple home testing kits that test for chlamydia and other common STIs. With our kit, you’ll complete a quick self-swab at home, mail it back to our lab, then we’ll complete the test and help you navigate treatment options.

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Think you might have a Erectile Dysfunction?

Erectile dysfunction is a common condition affecting the ability to get and maintain an erection. Causes of ED vary, including stress, anxiety or depression, complications from surgery, side effects of medications, or relationship difficulty.

We’ll help you understand what’s going on and our treatments include advice and prescriptions for brand-name and generic oral medications. At Palmshade Medical, we treat erectile dysfunction for men between the ages of 30 and 64, and our online clinic is private and discrete.

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Think you might have a Septic Fever?

Septic fever is a high fever that occurs when an infection has spread to the bloodstream. It is a medical emergency that requires immediate treatment. Symptoms of septic fever may include chills, shivering, sweating, confusion, rapid breathing, and low blood pressure.

At Palmshade Medical, we treat septic fever with proper prescription. Our experienced doctors will diagnose the underlying cause of your fever and develop a personalized treatment plan to help you recover quickly and safely.

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Think you might have a Sunburn?

Sunburns are dry, red or pink in color, painful to touch and can be swollen. A sunburn occurs when the top layer of the skin is burned. Blistering is not typical. You may also experience fever, headache and fatigue if the sunburn covers a large area.

Our treatment plans were created with dermatologists and also include helpful skin care advice. We treat sunburn for adults, and kids age 5 and older.

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Think you might have a Relapsing?

Relapsing fever is a type of fever that occurs in cycles, with periods of fever followed by periods of normal temperature. It is caused by a type of bacteria called a spirochete.

At Palmshade Medical, we treat relapsing fever with proper prescription. Our experienced doctors will diagnose the underlying cause of your fever and develop a personalized treatment plan to help you recover quickly and safely.

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Think you might have a Continuous Fever?

Continuous fever is a fever that remains elevated for more than 24 hours, with only minor fluctuations in temperature. It can be caused by a variety of conditions, including infections, autoimmune diseases, and cancer.

At Palmshade Medical, we treat continuous fever with proper prescription. Our experienced doctors will diagnose the underlying cause of your fever and develop a personalized treatment plan to help you recover quickly and safely.

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Think you might have a Hectic Fever?

Septic fever is a high fever that occurs when an infection has spread to the bloodstream. It is a medical emergency that requires immediate treatment. Symptoms of septic fever may include chills, shivering, sweating, confusion, rapid breathing, and low blood pressure.

At Palmshade Medical, we treat septic fever with proper prescription. Our experienced doctors will diagnose the underlying cause of your fever and develop a personalized treatment plan to help you recover quickly and safely.

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Think you might have a Remittent Fever?

Remittent fever is a fever that comes and goes, with periods of normal temperature in between. However, the temperature never falls back to normal during the remittent periods. It is often caused by infections, such as pneumonia or urinary tract infection.

At Palmshade Medical, we treat remittent fever with proper prescription. Our experienced doctors will diagnose the underlying cause of your fever and develop a personalized treatment plan to help you recover quickly and safely.

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Think you might have a Intermittent Fever?

Intermittent fever is a fever that comes and goes, with periods of normal temperature in between. It is often caused by infections, such as malaria or tuberculosis.

At Palmshade Medical, we treat intermittent fever with proper prescription. Our experienced doctors will diagnose the underlying cause of your fever and develop a personalized treatment plan to help you recover quickly and safely.

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Think you might have a Trichomoniasis?

Trichomoniasis is one of the most common sexually transmitted infections (STI). It’s also highly contagious and easily treatable. It affects both men and women, and often has no symptoms.

Typical trichomoniasis symptoms in men include pain with urination or ejaculation, discharge from the penis, and painful intercourse. In women, symptoms include pelvic or abdominal pain, burning or painful urination, a thin or frothy, yellow-green, white or clear vaginal discharge with a strong odor, and painful intercourse. Left untreated, trichomoniasis can cause serious side effects to your reproductive organs.

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Looking for a Rescue
Inhaler Refill?

Rescue (albuterol) inhalers are quick-relief medicines that can make breathing easier and are often used for mild asthma or breathing difficulty.

We’ll help you refill your rescue inhaler from the comfort of your home. People between 18 and 64 years old who currently use a rescue inhaler or have used a rescue inhaler in the past can receive a prescription from Palmshade Medical. We’ll also share other tips to improve your symptoms including learning what triggers your flare-ups, managing those unique triggers and using your inhaler most effectively.

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Think you might have a Poison Ivy?

Poison ivy symptoms include red, dry, itchy skin, and blisters that drain fluid and may be tender or painful. Poison ivy is a non-contagious inflammation of the skin caused by contact with the poison ivy plant. Sometimes, it seems like the rash is spreading, but it’s either still developing from the initial contact or you have touched something else that caused a reaction.

The good news is Palmshade Medical can diagnose and treat poison ivy online for adults, and kids age 2 and older, online.

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Think you might have a Acne?

Acne can bring symptoms like blackheads, whiteheads and red bumps underneath the skin on the face, chest and back. It can be irritating, worrisome and lead to loss of self-esteem.

At Palmshade Medical, customized treatment plans are available for mild to moderate acne for adults, and kids age 12 and older. We include prescriptions and recommendations to eliminate pimples and improve your skin. Our treatment plans were created with dermatologists, and include skin care and diet advice.

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Think you might have a Dermatitis?

Dermatitis (often called a rash) is a common condition usually caused by allergies or irritants such as cosmetics, household supplies, plants, jewelry, or fabrics. There are a variety of symptoms, including red, dry, itchy skin, and blisters that may be tender or painful.

At Palmshade Medical, we treat dermatitis for adults and kids ages 2 and older. The good news is we can help relieve your symptoms and help you feel better. Our treatment plans were created with dermatologists and also include helpful skin care advice.

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Think you might have a Common Warts?

Common warts are caused by human papillomavirus (HPV) and are contagious, though not serious. Symptoms include rough, flesh-colored bumps on the skin and a cluster of red or black dots.

The good news is Palmshade Medical, can diagnose common warts for adults, and kids age 5 and older. We’ll show you the most effective way to safely use salicylic acid to remove warts.

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Think you might have a Eczema?

Eczema, or atopic dermatitis, is a non-contagious inflammation in the skin causing redness, flaking, scaling and itching that happens in a circular pattern. Eczema tends to happen after you’ve been exposed to chemicals, new detergents or skin products, heat, humidity, smoke or even stress.

It’s very common and in most cases manageable. Answer a few questions and upload a picture, and we’ll recommend safe treatments including prescription steroid creams or oral medications. At Palmshade Medical, we treat eczema for adults, and kids age 2 and older.

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Think you might have a Diaper Rash?

Diaper rash is an uncomfortable skin inflammation for your baby. Symptoms include red, puffy, tender-looking skin. Diaper rash is common and often caused by irritation from friction, stool, moisture, heat or ammonia produced by the breakdown of urine.

We can help make your baby more comfortable, heal their skin, and prevent the rash from reoccurring. And we’re open around the clock, to fit your (and your baby’s) schedule.

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Think you might have a Chicken Pox?

Chicken pox is a contagious viral infection with symptoms that include an itchy red rash with clear blisters and other symptoms like loss of appetite, headache and irritability. Caused by the Varicella Zoster virus, chicken pox spreads easily. Even though very rare, it’s possible to become infected even after having the chicken pox vaccine.

At Palmshade Medical, customized treatment plans for chicken pox are available for adults and kids age 2 and older. We include medication recommendations and advice to promote healing and soothe your discomfort.

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Think you might have a Canker Sore?

A canker sore, sometimes also called a mouth ulcer, is a small painful ulcer or sore that appears on the inside of your mouth. They can appear on your tongue, gums, the roof of your mouth or inside your cheeks.

At Palmshade Medical we can diagnose and treat canker sores for adults and kids age 2 and older, online.

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Think you might have a Bed Bugs?

Bed bugs are insects which bite people while they sleep. Most bed bug infestations often happen in hotels, apartment complexes, college dorms, cruise ships, or other highly populated dwellings. Bed bug bites look similar to other insect bites, and often have a red swollen appearance, with a dark red center. Another sign that your bites are from bed bugs, is that the itchy bites often occur in a line, or together in small groupings. For some people, bed bug bites can cause an allergic reaction. The bites can be itchy and accompanied by hives.

We can diagnose and treat bed bug bites online 24/7, for adults, and kids age 2 and older. You answer a few simple questions about your symptoms and medical history, and upload a few pictures of your bites.

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Think you might have a Athlete's foot?

Athlete’s foot is a highly contagious fungal infection. Typical symptoms include itching, stinging or burning, red, scaly, flaky skin and sometimes blisters.

At Palmshade Medical, we treat athlete’s foot, online 24/7, for adults, and kids age 2 and older. Answer a few questions and upload a picture of the affected area, and we’ll recommend safe treatments including prescription strength anti-fungal creams.

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Think you might have a Bronchitis?

A Bronchitis can bring a mix of symptoms like sore throat, congestion, runny nose, headache, and coughing leaving you feeling run down and eager for relief.
The good news is that at Palmshade Medical, we can show you the best ways to combine OTC remedies for pain and discomfort. We treat colds for adults, and kids age 2 and older.

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