Telmedusa.com is owned and operated by Frübbel, LLC DBA Telmedusa.com (“Telmedusa”).
TELMEDUSA.COM created this Privacy Policy in order to demonstrate our firm commitment to
disclose our current policies regarding your privacy and the confidentiality of your personal
information. In addition, we take further measures to enhance the protection of your privacy and
personally identifiable information, as outlined in this Privacy Policy.
APPLICABILITY OF THIS PRIVACY POLICY
This Privacy Policy is intended to apply to you, Telmedusa.com, Telmedusa.com’s affiliates and
all Internet websites owned and operated by Telmedusa.com and Telmedusa.com’s affiliates,
including, but not limited to, Telmedusa.com.com.
By accessing and using Telmedusa.com.com, you agree to comply with all of the terms and
conditions of this Privacy Policy, including any changes or revisions to this Privacy Policy,
which Telmedusa.com, in its sole discretion, may make in the future.
YOU AGREE TO READ THIS PRIVACY POLICY CAREFULLY BEFORE USING
Telmedusa.com.com. If you do not agree to this Privacy Policy, you may not access or
otherwise use Telmedusa.com.
This Privacy Policy is a statement of Telmedusa.com’s current policies with regard to how
information about you is collected from Telmedusa.com.com, used, and potentially shared by
Telmedusa.com.
Telmedusa.com’s Collection of Information and Privacy of Your Information.
Some of the ways Telmedusa.com accumulates and uses your personal information include, but
are not limited to the following: Telmedusa.com uses the information it collects about you to
process orders and to provide better service. When you make a reservation using
Telmedusa.com’s services, Telmedusa.com may need to know your name, email address,
mailing address, phone number, credit card number, and expiration date. This allows
Telmedusa.com to process and fulfill your order and to notify you of your order status. When
you subscribe to Telmedusa.com’s e-newsletter, Telmedusa.com may ask for your name,
address, phone number and email address so that it can properly route the information. When
you enter a contest or other promotional feature, Telmedusa.com may ask for your name,
address, phone number and email address so it can administer the contest and notify winners.
Telmedusa.com personalizes your experience online by using your contact with
Telmedusa.com’s websites to shape Telmedusa.com’s recommendations about Telmedusa.com
content that might be of interest to you. Telmedusa.com also monitors customer traffic patterns
and website usage to help it develop the design and layout of the site. Telmedusa.com may also
use the information it collects to occasionally notify you about important changes to its services,
new services and special offers. In addition, Telmedusa.com may choose to sell, trade, or rent
your personal information to third parties. Such third parties may use your information for a
variety of reasons including, but not limited to soliciting you for offers of products and/or
services. OPTING OUT- We use an email delivery and marketing company to send the emails
that you have agreed to receive. If you would rather not receive information from
Telmedusa.com such as (i) updates highlighting specials, promotions, contests, sweepstakes and
other opportunities available on our site and/or sponsored by our service providers and
advertisers; and/or (ii) our newsletter highlighting specials, promotions, contests, sweepstakes
and other opportunities available on our site and/or sponsored by our service providers or do not
want Telmedusa.com to disclose your information to unrelated third parties, please send
Telmedusa.com an email notification at service@Telmedusa.com.com or in writing to
Telmedusa.com. Please specify in your email to opt out of third party offers, opt out of
Telmedusa.com offers, or opt out of both Telmedusa.com and third party offers. You agree to
allow Telmedusa.com up to thirty (30) days for the change to take effect in Telmedusa.com’s
system. The change will not have been deemed to take effect until you receive a written
confirmation of the change from Telmedusa.com.
CALL MONITORING/RECORDING
You understand that Telmedusa.com and/or its partners may monitor, tape and or record any
conversation that may occur between us. However, Telmedusa.com is not obligated to do so and
it may choose not to do so.
PERSONALLY IDENTIFIABLE INFORMATION PROVIDED BY YOU
Much of Telmedusa.com.com is accessible to you without providing personally identifiable
information. However, Telmedusa.com may request you to register and provide personally
identifiable information to enable you to become a member and utilize certain features
of Telmedusa.com.com including but not limited to subscribing to our e-newsletter, and entering
contests and other promotional features. Telmedusa.com.com will specifically ask you for the
personally identifiable information, and your provision of such information will always be on a
voluntary basis.
TELMEDUSA.COM’S USE OF YOUR PERSONALLY IDENTIFIABLE
INFORMATION
When you make a reservation using our services, we may need to know your name, e-mail
address, mailing address, phone number, credit card number, and expiration date. This allows us
to process and fulfill your order and to notify you of your order status. When you subscribe to
our weekly e-newsletter, we may ask for your name, address, phone number and email address
so that we can properly route the information. Also, when you enter a contest or other
promotional feature, we may ask for your name, address, phone number and e-mail address so
we can administer the contest or other promotional feature and notify winners.
In addition, we personalize your experience online by using your contact with our site to shape
our content. We also monitor customer traffic patterns and site usage to help us develop the
design and layout of the site. We may provide aggregate statistics about our customers, sales,
traffic patterns, and related information to reputable third party vendors.
We may use the information we collect, online and offline, to notify you about important
changes to our services, new services, and special offers we think you will find valuable.
Currently, Telmedusa.com shares your personally identifiable information with third parties. At
times we may choose to sell, loan, trade, or rent your personally identifiable information to
others.
In addition, Telmedusa.com reserves the right to share or disclose your personally identifiable
information when it determines, in its sole discretion, that the disclosure of such personally
identifiable information is necessary to identify, contact, or bring legal action against you if you
may be: (i) causing intentional or unintentional injury to another; (ii) interfering with another’s
rights or property, including Telmedusa.com’s rights or property; (iii) violating any applicable
law, rule or regulation; or (iv) such disclosure is required by any applicable law, rule or
regulation.
EMAIL ADDRESSES, USERNAMES AND PASSWORDS MAY BE ISSUED TO YOU
You may be issued a username and password and/or personal identification number (“PIN”) by
Telmedusa.com to utilize certain features of Telmedusa.com.com. In order to receive a username
or PIN from Telmedusa.com for use on Telmedusa.com.com, you will be required to submit
personally identifiable information. You are responsible for keeping your usernames, passwords
and PINs, if any, confidential. You are responsible for any access, use or activities on
Telmedusa.com.com under your username, password and PIN.
SECURITY OF YOUR SUBMISSIONS AND TRANSMISSIONS
Telmedusa.com utilizes its best efforts to protect the security of any information submitted or
transmitted by you to Telmedusa.com.com, including, but not limited to, personally identifiable
information. Telmedusa.com has security measures in place to protect the loss, misuse and
alteration of the information under our control. When you submit your order through
Telmedusa.com, we offer the use of a secure server. The secure socket layer technology (SSL)
encrypts all information you input before it is sent to us.
Please note that, regardless of the precautions we take, “faultless security” does not exist on the
Internet. As a result, while we strive to protect your personal information, Telmedusa.com
cannot guarantee the security of any information you submit or transmit to Telmedusa.com.com,
and you do so at your own risk. In the unlikely event that an unauthorized third party
compromises Telmedusa.com’s security system, Telmedusa.com is not responsible for any
occurrences or damages directly or indirectly caused by an unauthorized third party’s ability to
view, use or disseminate your submissions or transmissions to Telmedusa.com.com, or your
personally identifiable information.
TELMEDUSA.COM’S USE OF COOKIES
Telmedusa.com utilizes “cookies” to track and store preferential information about you as you
use Telmedusa.com.com. “Cookies” are alphanumeric identifiers in the form of text files that are
inserted and stored on your hard drive by your web browser. Cookies track your personal
preferences and activities, but in no way contain any personally identifiable information. This,
however, is subject to change.
Our use of cookies allows Telmedusa.com to aggregate certain information about its users. The
aggregated information helps Telmedusa.com to serve you better by compiling user preferences
to improve the features of Telmedusa.com.com. For example, cookies enable us to provide
features such as automated customer login to our site. Telmedusa.com may also share, loan, rent
or sell this aggregated information to third parties, but keep in mind that the aggregated
information contains absolutely no personally identifiable information.
If you do not want Telmedusa.com.com cookies to be inserted into your hard drive, you can
disable your hard drive’s ability to accept and receive cookies through your web browser. Even
without a cookie, you can still use many of the Telmedusa.com.com features. However, keep in
mind that if you disable your hard drive’s ability to accept and receive cookies, you may not be
able to fully utilize all of the convenient features of Telmedusa.com.com. For instance, you may
have to log in more than once per session.
LINKS TO OTHER INTERNET WEBSITES ON TELMEDUSA.COM.COM
Telmedusa.com.com may contain links to other Internet websites. This Privacy Policy applies
solely to Telmedusa.com.com, and all Internet websites owned and operated by Telmedusa.com
and its affiliates. Telmedusa.com makes no representations or warranties about, nor is it
responsible for, the privacy practices of other Internet websites. When you enter a linked Internet
website, Telmedusa.com encourages you to read the privacy policy of that linked website, as its
privacy policy may differ substantially from that of this Privacy Policy. This Privacy Policy will
not apply to linked Internet websites.
ACCESS AND USE BY MINORS
Telmedusa.com.com is not intended to be accessed or utilized by persons under the age of 18.
Telmedusa.com does not intend or purposefully attempt to gather information from children
under the age of 18. In addition, Telmedusa.com does not intend to or purposefully market to
persons under the age of 18. Persons under the age of 18 are not eligible to enroll in our clubs or
purchase any other products or services from Telmedusa.com, and persons under the age of 18
should not submit any personal information to us.
CHANGES TO THIS PRIVACY POLICY
Telmedusa.com developed this Privacy Policy as a manifestation of our firm commitment to
disclose our current privacy and confidentiality policies to you. However, the Internet is rapidly
evolving. With this in mind, Telmedusa.com reserves the right to amend this Privacy Policy from
time to time in order to review any changes that have been made. Your continued access and use
of Telmedusa.com.com following the posting of any such changes shall indicate your acceptance
of the same.
LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING CONTAINED IN THIS PRIVACY POLICY, IN NO
EVENT WILL FRÜBBEL GROUP LLC OR ITS AFFILIATES, PRINCIPALS, OFFICERS,
DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES,
CONTRACTORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST DATA,
DELAYS, LOST PROFITS, LOSS OF REVENUE OR ANY OTHER ECONOMIC LOSS,
COST OR EXPENSE ARISING FROM OR RELATED TO THESE TERMS AND
CONDITIONS, WHETHER ARISING OUT OF CONTRACT, WARRANTY, NEGLIGENCE,
STRICT LIABILITY IN TORT OR OTHERWISE, EVEN IF FRÜBBEL GROUP LLC OR ITS
AFFILIATES, PRINCIPALS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES,
AGENTS, REPRESENTATIVES, CONTRACTORS OR SUPPLIERS HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FRÜBBEL
GROUP LLC BE LIABLE FOR ANY TYPE OF LOSS TO YOU CAUSED BY AN EVENT
BEYOND ITS CONTROL, INCLUDING, BUT NOT LIMITED TO, GOVERNMENT
RESTRICTIONS, NATURAL DISASTERS, TERRORIST ACTS, WARS, RIOTS, STRIKES,
AND OTHER ACTS OF GOD. IN NO EVENT WILL FRÜBBEL GROUP’S TOTAL
AGGREGATE LIABILITY UNDER THESE TERMS AND CONDITIONS, WHETHER
ARISING OUT OF BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT
LIABILITY IN TORT OR OTHERWISE, EXCEED THE LESSER OF FRÜBBEL GROUP’S
REVENUES RECEIVED DIRECTLY FROM YOU UNDER THIS PRIVACY POLICY IN
THE SIX (6) MONTHS PRECEDING THE DATE THE CAUSE OF ACTION ARISES OR
FIVE HUNDRED DOLLARS ($500). IN NO EVENT WILL YOU BRING ANY ACTION
AGAINST FRÜBBEL GROUP LLC MORE THAN ONE (1) YEAR AFTER SUCH CAUSE
OF ACTION ARISES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND
YOU MIGHT HAVE ADDITIONAL RIGHTS
ARBITRATION AND GOVERNING LAW
In the event of a dispute between You and Telmedusa.com, You and Telmedusa.com agree that a
prompt and fair resolution, without the time and expense of formal court proceedings, would be
in both parties’ mutual interests. Except as expressly provided in the following section titled
“Injunctive Relief”, all disputes shall be submitted to final and binding arbitration to be
conducted in Orange County, Florida, or a location closest to Orange County, Florida if no such
location for the chosen arbitration body exists there.
MANDATORY ARBITRATION REPLACES THE RIGHT OF EITHER PARTY TO GO TO
COURT AND DEMAND A JURY TRIAL.
The party filing the arbitration must choose one of the following three arbitration firms and
follow its rules and procedures for initiating and pursuing an arbitration:
American Arbitration Association, 335 Madison Avenue, Floor 10, New York, NY
10017-4605 (phone: 800-778-7879) (http://adr.org)
National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 55405-0191 (phone:
800-474-2371) (http://arb-forum.com)
JAMS, 1920 Main Street, Suite 300, Irvine, CA 92614 (phone: 949-224-1810)
(http://jamsadr.com)
In the event that the selected firm cannot administer the arbitration, the party filing the arbitration
will select another of the firms. Each party will bear its own expenses, and the parties will share
equally the filing and other fees of the arbitration firm and the expenses of the arbitrator, except
that the arbitrator will be entitled to award a different allocation of costs and fees where the
arbitrator determines that a filed claim is frivolous.
The arbitrator will not have the power to award punitive damages or other damages not measured
by the prevailing party’s actual damages, except as may be required by statute. Any award in
arbitration initiated under this clause will be limited to monetary damages and will include no
injunction or direction to any party other than the direction to pay a monetary amount, except as
required by statute or to comply with the terms of the contract. Any award rendered by the
arbitrator will be final and binding upon each of the parties, and judgment thereon may be
entered in any court having jurisdiction thereof. The Federal Arbitration Act will govern the
interpretation and enforcement of this section.
During the pending of such arbitration and until final judgment thereon has been entered, this
Agreement will remain in full force and effect unless otherwise terminated as provided
hereunder. If a provision of this clause is held to be invalid, the remainder of the clause will
remain in full force and effect, and, to this end, the provisions of this clause are severable.
This Agreement and all transactions between you and Telmedusa.com shall be governed by, and
construed and enforced in accordance with, the internal laws of the State of Florida, without
regard to principles of conflicts of laws.
INJUNCTIVE RELIEF
You acknowledge that a violation, attempted violation, or threatened violation of any of this
Privacy Policy will cause such damage to Telmedusa.com as will be irreparable, the exact
amount of which would be difficult to ascertain and for which there will be no adequate remedy
at law. Accordingly, you agree that Telmedusa.com shall be entitled as a matter of right to an
injunction issued by any court of competent jurisdiction, restraining such violation or attempted
violation of this Privacy Policy by you, as well as recover from you any and all costs and
expenses sustained or incurred by Telmedusa.com in obtaining such an injunction, including,
without limitation, reasonable attorney’s fees. You agree that no bond or other security shall be
required in connection with such injunction.
For purposes of this Section, you agree that any action or proceeding with regard to such
injunction restraining such violation, attempted violation, or threatened violation shall be brought
in the courts of record of Orange County, Florida, or the United States District Court, Middle
District of Florida. You consent to the jurisdiction of such court and waive any objection to the
laying of the venue of any such action or proceeding in such court. You agree that service of any
court paper may be effected on such party by mail or in such other manner as may be provided
under applicable laws, rules of procedure or local rules.
MISCELLANEOUS PROVISIONS
If any portion of this Privacy Policy is deemed unlawful, void or unenforceable by any arbitrator
or court of competent jurisdiction, this Privacy Policy as a whole shall not be deemed unlawful,
void or unenforceable, but only that portion of this Privacy Policy that is unlawful, void or
unenforceable shall be stricken from this Privacy Policy.
The headings contained in this Privacy Policy are for convenience of reference only, are not to
be considered a part of this Privacy Policy, and shall not limit or otherwise affect in any way the
meaning or interpretation of this Privacy Policy.
All covenants, agreements, representations and warranties made in this Privacy Policy, as may be
amended by Telmedusa.com from time to time, shall survive your acceptance of this Privacy
Policy and the termination of this Privacy Policy. This Privacy Policy cannot be orally modified
or amended.
This Privacy Policy represents the entire understanding and agreement between you and
Telmedusa.com regarding the subject matter of this Privacy Policy, and supersedes all other
previous agreements, understandings and/or representations regarding the same.
YOUR CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83, also known as the “Shine the Light” law, permits our
customers who are California residents to request and obtain from us once a year, free of charge
information regarding the manner in which Telmedusa.com shares certain categories of your
personal information with third parties for direct marketing purposes. California law provides
that you have the right to submit a request to Telmedusa.com and receive the following
information:
The categories of information Telmedusa.com disclosed to third parties for the third
parties’ direct marketing purposes during the preceding calendar year;
The names and addresses of third parties that received such information; and
If the nature of a third party’s business cannot be reasonably determined from the third
party’s name, examples of the products or services marketed.
You are entitled to receive a copy of this information in a standardized format and the
information will not be specific to you individually. Telmedusa.com designated email
address for such requests is contact@Telmedusa.com.com.
YOUR QUESTIONS, COMMENTS & COMPLAINTS
Telmedusa.com encourages you to provide Telmedusa.com with feedback regarding this Privacy
Policy. If you have questions, comments or concerns regarding this Privacy Policy, please
contact contact@Telmedusa.com.com. If you feel that Telmedusa.com is not abiding by this
Privacy Policy at any time, please immediately contact contact@Telmedusa.com.com.
Effective date: 6/17/2020