State of New York	Rev. 133ED55
TERMS OF USE MDANYWHERE

 

Version Date: October 31, 2019

TERMS OF USE AGREEMENT

 

This Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”) and Access Medical Associates, PLLC (“Medical Group”) located in New York, and its affiliated companies (collectively, “Company” or “we” or “us” or “our”), concerning your access to and use of the MDAnywhere.com website as well as any other media form, media channel, mobile website or mobile application related or connected thereto (collectively, the “Website”). Medical Group, through the Website, provides the following service: We provide an online asynchronous telehealth service that connects healthcare providers (“Providers”) to patients in the states where the Providers operate (“Service” or “Services”). If a request is made through the Website to use our Service, and it is determined by the Provider that it is safe and appropriate, a Provider will send a prescription electronically to a licensed pharmacy in your state. You must pay the pharmacy for the cost of your medication(s). Supplemental terms and conditions or documents that may be posted on the Website from time to time, such as our Privacy Policy, Notice of Privacy Practices, Consent to Telehealth, Prescription Policy and Refund Policy are hereby expressly incorporated into this Agreement by reference.

 

Medical Group. makes no representation that the Website is appropriate or available in other locations other than where it is able to provide Services. The information provided on the Website 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 Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent that local laws are applicable. Users not located in approved locations will not be permitted to register for the Website or use the Company Services.

 

All users who are under the age of 18 are not permitted to register for the Website or use the Company Services.

 

You may not assign, transfer, or delegate the Terms of Use or any part thereof without Company’s prior written consent. Company may freely transfer, assign, or delegate all or any part of the Terms of Use, and any rights or duties hereunder or thereunder. The Terms of Use will be binding upon and take effect to the benefit of the heirs, successors, and permitted assignees of the parties.

 

YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITE. YOU AGREE TO REVIEW THE TERMS OF USE EACH TIME YOU ACCESS THIS WEBSITE SO THAT YOU MAY BE AWARE OF ANY CHANGES.  IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE WEBSITE.

 

THIS IS NOT FOR EMERGENCIES  

 

DIAL “911” IMMEDIATELY IF YOU ARE EXPERIENCING AN EMERGENCY.  The Providers are not available for medical emergencies or urgent medical problems and the Services to be provided do not include medical emergencies or urgent medical problems. You should never delay seeking care from an in-person health care provider based on any information provided on the Website and in the event of an emergency. If you are advised to seek care with an in-person health care provider immediately you should do so.

 

PURCHASES; PAYMENT

 

Medical Group will bill you through an online billing account. You agree to pay Medical Group all charges at the prices then in effect for the Services, and you authorize Medical Group to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. Pre-approval may be obtained for an amount up to the amount of the payment. Medical Group reserves the right to correct any errors or mistakes made in pricing or cancel an order placed for a Service listed at an incorrect price, even if payment has already been requested or received. If your transaction is cancelled and your account has already been charged, a credit will promptly be issued to your account. Sales tax will be added to the sales price of purchases as deemed required by Medical Group. Prices may change at any time without notice. All payments shall be in U.S. dollars.

 

 

 

DUTY OF CARE

 

WHEN THE DUTY OF CARE BEGINS

The Provider will take responsibility for your care only after you have answered all of the required health questions fully and truthfully, created an account in your name, provided any necessary photo(s) and identifying information, made payment, and the doctor has subsequently reviewed your request for treatment, the answers to the health questions that you have completed, any photos, and any other information you have provided, and then subsequently determined that you are a good candidate for our telehealth services. The duty of care does not begin at the point of you answering questions or making payment but at the point at which the Provider accepts the duty of care.

The Provider has the right to refuse to take responsibility for your care if the Provider makes a professional judgment that you are not a good candidate for this service, and you should instead seek medical attention from an in-person health care provider immediately. Making a request for treatment (by completing a visit on the Website and making payment) or sending a message through the Website does not create a duty of care or create a doctor-patient relationship.

There may be a delay before a Provider reviews your request for treatment and/or any messages you send. It is your responsibility to seek medical care immediately if your condition worsens while waiting for treatment.

NO MEDICAL ADVICE OR SERVICES

The only content on the Website that constitutes professional medical advice is the personalized messages the Provider sends you (once you have completed the health questions and made payment, and the Provider has subsequently taken responsibility for your care) and any content that the Provider links to in such messages. NO OTHER CONTENT ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO TEXT, COPY, AUDIO, VIDEO, PHOTOGRAPHS, ILLUSTRATIONS, GRAPHICS AND OTHER VISUALS CONSTITUTES PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT, OR RECOMMENDATIONS OF ANY KIND AND IS FOR INFORMATIONAL PURPOSES ONLY. THE INFORMATION PROVIDED IN OUR HEALTH QUESTIONS ABOUT WHO WE CAN AND CANNOT TREAT DOES NOT CONSTITUTE PROFESSIONAL MEDICAL ADVICE.

YOU SHOULD NEVER DISREGARD OR DELAY SEEKING PROFESSIONAL MEDICAL ADVICE OR TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON THE WEBSITE.

The Services provided by Medical Group should not replace your relationship with your primary care provider or any other in-person health care providers. You must continue to follow up with your primary care provider after any treatment provided through the Medical Group, so that you receive ongoing care for all of your medical conditions, individual needs and follow-up care for any condition treated. Always consult your primary care provider or other in-person health care provider before discontinuing or modifying any treatment provided.

 

The Company does not make any representations or warranties about the training or skill of any Providers who deliver medical care via the Website. You will be assigned a Provider based on availability, the state(s) in which the Provider is licensed to practice medicine, and the state in which you are located. You are ultimately responsible for deciding to accept the services of your particular Provider.

 

RISKS OF USING OUR SERVICE

 

For a more detailed explanation of the risks of using our telehealth service, please review our Consent to Telehealth document.

 

By using the Services on through the Website, you acknowledge that you have read and fully understand our Consent to Telehealth, Privacy Policy, Notice of Privacy Practices, Prescription Policy, Refund Policy, and this Terms of Use agreement. You acknowledge the potential risks of using our service. Risks include but are not limited to the following: due to the nature of telemedicine, the Providers cannot perform an in-person exam which could possibly limit the Provider’s ability to accurately diagnose and treat your condition; the photos you send to the Provider may not be of adequate quality or resolution to properly diagnose your condition, leading to misdiagnosis and inappropriate treatment; technological or other failure leading to delays in care (referred to in section below titled “FORCE MAJEURE”); lack of access to your complete medical record which includes your allergies, complete medication list, past medical history, past surgical history, family history and social history may result in interactions with, or adverse or allergic reactions to the medication(s) we prescribe, or other medical errors; failure of security measures to protect your Personally-Identifying Information or Protected Health Information causing this information to be released to unauthorized person(s).

 

 

 

 

NOT A PHARMACY OR INSURANCE PRODUCT

 

Medical Group is not a pharmacy or prescription fulfillment center, nor do we endorse any specific Provider, pharmacy, medication or product. Any recommended prescription(s) will be chosen by the treating Provider and sent to the pharmacy of your choice. You must pay the pharmacy for any of the medications prescribed.

 

The Company is not offering an insurance product, and the money paid to the Medical Group for an encounter is for that encounter only, and not an insurance premium. You cannot submit this medical fee for insurance reimbursement. We do not offer medical insurance policies, so you must pay for a separate insurance policy if desired.

 

PRESCRIPTION POLICY

 

The conditions we can treat are limited to the ones listed on the Website. Company does not guarantee a prescription will be written by the Provider. The Provider will only treat patients when the “standard of care” can safely be delivered. The Provider will prescribe medications and amounts of medications they deem appropriate and in accordance with state and federal law when applicable. The Provider will not prescribe any controlled substances, including but not limited to opioids, benzodiazepines, cannabinoids, or amphetamines, or any medications they believe may have abuse potential. Any request for prescriptions for these medications will be denied, and the Provider has the right to deny care if they believe the service is being misused or abused. Any prescriptions written for you by the Provider are to be used by you only and not given to any other individual. You acknowledge that you will read all product information and labels, you will ask for advice from the pharmacist or a physician if you have any questions or concerns about the medication(s), and you will follow any advice given to you by the pharmacist or physician.

 

 

GEOGRAPHICAL RESTRICTIONS

 

You are permitted to use the Website only on a device located in the States where we operate, which is subject to change based on where our Providers are licensed and where state law permits our telehealth services. By using our Service you acknowledge that you are legally permitted to use our Service under United States, state and local law. Accessing the site or using our Service outside the United States or in a state or jurisdiction where the content of the Website or the use of our Service is illegal or not offered by us is strictly prohibited. It is your responsibility to confirm the location in which you use our service by entering your zip code correctly or using the “Use My Location” button and confirming the location is correct.

 

 

USER REPRESENTATIONS

 

Regarding Your Registration and Account

 

By using the Company Services, you represent and warrant that:

 

1. all registration information you submit is truthful and accurate;
2. all health information in your profile including but not limited to medical, surgical, family and social history, medications you are taking and symptoms (history of present illness) is truthful and accurate;
3. you will maintain the accuracy of such information;
4. you will keep your password confidential and will be fully responsible for all use of your password and account, and will not allow anyone else to use your account;
5. you are not less than the age of 18;
6. your use of the Company Services does not violate any applicable law or regulation;
7. you will not create more than one account;
8. you have the legal right and authorization to provide all User Information to the Medical Group for use as set forth herein and required by the Company and the Providers

 

 

You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form and (b) maintain and promptly update all registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).

 

Creating more than one account can be unsafe for you, as we have no way of knowing that the multiple accounts are all representing the same person. This can increase the likelihood of a medical error leading to a serious adverse event, permanent disability or death, as prior records of your care will not be available to the physician. If you believe you may have created more than one account in error, you must contact us immediately so that we may combine the records for your safety.

 

If you believe your account or password has been compromised, you must immediately change your password. If you are unable to access your account, you must contact us immediately so that we may investigate. We reserve the right to take any reasonable action to secure your account if we believe it has been compromised.

 

If you submit, upload, post or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images or other materials to us or our Website (“User Information”), you agree not to provide any User Information that is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, harmful, or that could encourage criminal or unethical behavior, or violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity.

 

We reserve the right to remove or reclaim or change a user name you select if we determine appropriate at our discretion, such as when the user name is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a user's actual name.

 

SOCIAL MEDIA

 

As part of the functionality of the Website, you may link your account with online accounts you may have with third party service providers (each such account, a “Third Party Account”) by either: (i) providing your Third Party Account login information through the Website; or (ii) allowing Company to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Company and/or grant Company access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Company to pay any fees or making Company subject to any usage limitations imposed by such third party service providers. By granting Company access to any Third Party Accounts, you understand that (i) Company may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “Social Network Content”) so that it is available on and through the Website via your account, including without limitation any friend lists, and (ii) Company may submit and receive additional information to your Third Party Account to the extent you are notified when you link your account with the Third Party Account. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your account on the Website. Please note that if a Third Party Account or associated service becomes unavailable or Company’s access to such Third Party Account is terminated by the third party service provider, then the Social Network Content may no longer be available on and through the Website. You will have the ability to disable the connection between your account on the Website and your Third Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Company makes no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Company is not responsible for any Social Network Content. At your request made via email to our email address listed below, or through your account settings (if applicable), Company will deactivate the connection between the Website and your Third Party Account and delete any information stored on Company’s servers that was obtained through such Third Party Account, except the username and profile picture that become associated with your account.

SUBMISSIONS

 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the Company Services ("Submissions") provided by you to Company are non-confidential and Company (as well as any designee of Company) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

PROHIBITED ACTIVITIES

 

You may not access or use the Website for any other purpose other than that for which Company makes it available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company. Prohibited activity includes, but is not limited to:

 

1. attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website
2. attempting to impersonate another user or person or using the username of another user
3. criminal or tortious activity
4. deciphering, translating, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website
5. deleting the copyright or other proprietary rights notice from any Website content
6. engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools
7. except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Website, or using or launching any unauthorized script or other software
8. harassing, annoying, intimidating or threatening any Company employees or agents engaged in providing any portion of the Company Services to you
9. interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website
10. making any unauthorized use of the Company 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
11. selling or otherwise transferring your profile
12. systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company
13. tricking, defrauding or misleading Company and other users, especially in any attempt to learn sensitive account information such as passwords
14. using any information obtained from the Website in order to harass, abuse, or harm another person
15. using the Company Services as part of any effort to compete with Company or to provide services as a service bureau
16. installing viruses or other potentially harmful computer code through the Website
17. using the Website in a manner inconsistent with any and all applicable federal, national, state or local laws and regulations
18. incorrectly identifying the sender of any electronic message sent to us or transmitting an electronic message to us under a false name
19. infringing or facilitating infringement of any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties.
20. posting or transmitting any data, materials, content, or information (including but not limited to advice and recommendations) which is libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person

 

INTELLECTUAL PROPERTY RIGHTS

 

The content on the Website (“Company Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Company, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Company Content, including, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Company in the United States and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

 

Company Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and the Company Content and to download or print a copy of any portion of the Company Content to which you have properly gained access solely for your personal, non-commercial use. Company reserves all rights not expressly granted to you in and to the Website and Company Content and Marks.

 

THIRD PARTY WEBSITES AND CONTENT

 

The Website contains (or you may be sent through the Website or the Company Services) 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 (the "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 Website or any Third Party Content posted on, available through or installed from the Website, 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 Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website 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 that our terms and policies 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 Website or relating to any applications you use or install from the Website. It is solely your responsibility to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Website, you do this entirely at your own risk.  Any purchases you make through Third Party Websites will be through other websites and from other companies, and Company takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

 

SITE MANAGEMENT

 

Company reserves the right but does not have the obligation to:

 

1. monitor the Website for violations of this Agreement;
2. take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;
3. in Company’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s contribution or any portion thereof that may violate this Agreement or any Company policy;
4. in Company’s sole discretion and without limitation, notice or liability to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to Company’s systems;
5. otherwise manage the Website in a manner designed to protect the rights and property of Company and others and to facilitate the proper functioning of the Website.

 

PRIVACY POLICY

 

We care about the privacy of our users. Please review the Company Privacy Policy and Notice of Privacy Practices. By using the Website or Company Services, you are consenting to have your personal data and Protected Health Information (PHI) transferred to and processed in the United States, and you are consenting to the terms of our Privacy Policy and Notice of Privacy Practices. The privacy practices of Access Medical Associates, PLLC are also incorporated into and made a part of our Privacy Policy.

 

ELECTRONIC COMMUNICATIONS 

 

When you send emails, text/SMS messages, or secure messages through the Website or use any other means to send a message to the Providers with your electronic device you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all confirmations, consents and agreements can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. We reserve the right to contact you to request further information from you, and you agree to provide such information, to verify that you have not created your account fraudulently.  We reserve the right to suspend, discontinue or delete your account, or deny access to the Website and our Services if you do not provide the information requested to verify your account within fourteen (14) days of the request.

 

You acknowledge that you understand that unencrypted email or messages are not a secure form of communication, and that there is always some risk that Personally-Identifying Information or Protected Health Information (PHI) contained in such messages may be misdirected, disclosed, or intercepted by unauthorized third parties. You understand that by providing your email address and phone number you are consenting to receive emails, text/SMS messages or phone calls from us regarding your treatment. We will use the minimum necessary amount of Personally- Identifying Information and/or PHI in any communications. After we send you the first email to verify your email address, you must confirm the email address is valid. You can change your mind at any time and withdraw your consent by deleting your email address and phone number from your account, however this will render your account unusable.

 

We will not be held liable for transmission errors, corruption, or compromise of information carried by any telecommunications carrier. We reserve the right to maintain, delete, or destroy all communications or information posted, uploaded or otherwise transmitted to the Website in accordance with our internal record retention and/or destruction policies.

 

SECURITY OF YOUR DEVICE

 

Using our website on a device that is “hacked” or “jailbroken,” modified, using browser or operating system software that is not updated, or using an operating system that has been modified or had security features otherwise circumvented puts you at risk for having your Personally-Identifying Information and/or Protected Health Information (PHI) unintentionally disclosed to unauthorized personnel and is a material breach of these terms of use. It is solely your responsibility to make sure your device conforms to the manufacturer’s original specifications, is functioning properly, has software that is using up-to-date security features, is using effective anti-virus and anti-malware software, and is using the proper settings to ensure your data is secure. The Company will have no liability for any breach of your personal data or PHI that occurs due to lack of proper security features on your device.

 

TERM AND TERMINATION

 

This Agreement shall remain in full force and effect while you use the Website or are otherwise a user or member of the Website, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us using the contact information below.

 

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND THE COMPANY SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE COMPANY SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN COMPANY’S SOLE DISCRETION, SUBJECT TO APPLICABLE LAW.  AFTER TERMINATION, THE COMPANY IS NO LONGER OBLIGATED TO PROVIDE SERVICE TO YOU, EXCEPT FOR PROVIDING A COPY OF YOUR MEDICAL RECORDS OR CONTINUING TO PROVIDE YOU CARE DUE TO LEGAL, ETHICAL AND/OR PROFESSIONAL OBLIGATIONS.

 

In order to protect the integrity of the Website and Company Services, Company reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Website and Company Services.

 

Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.

 

If Company terminates or suspends 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, Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

 

MODIFICATIONS

 

To Agreement

 

Company may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Website and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the Company Services after any such modification becomes effective. Company may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check the Website for updates to this Agreement and you will read the messages we send you to inform you of any changes. Modifications to this Agreement shall be effective after posting.

 

To Services

 

Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Company Services (or any part thereof) for any reason, with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Company Services.

 

DISPUTES

 

With Company

 

1. Governing Law; Jurisdiction. This Agreement shall be governed by and construed in accordance with the internal laws of the State of New York, without regard to conflict of law provisions. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Suffolk County, State of New York, and you 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 is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the Website or Company Services be instituted more than two (2) years after the cause of action arose.

 

1. Informal Resolution. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement ("Dispute"), you and Company agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other.

 

1. Binding Arbitration. If you and Company are unable to resolve a Dispute through informal negotiations, either you or Company may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Company will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Suffolk County, State of New York. Except as otherwise provided in this Agreement, you and Company may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

 

1. Restrictions. You and Company agree that any arbitration shall be limited to the Dispute between Company and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

 

1. Exceptions to Informal Negotiations and Arbitration. You and Company agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of any of your or Company’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief. If this Section is found to be illegal or unenforceable then neither you nor Company will elect to arbitrate any Dispute falling within that portion of this Section found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and you and Company agree to submit to the personal jurisdiction of that court.

 

ACCURACY OF INFORMATION

 

Although Company attempts to ensure the integrity and accurateness of the Website and Service descriptions, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of any content on the Website. It is possible that the Website could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Website by third parties. In the event that an inaccuracy arises, please inform Company so that it can be corrected. We reserve the right to change or update information contained on the Website without notice. Company shall have no responsibility or liability for information or content posted to the Website from any non-affiliated third party.

 

CORRECTIONS

 

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.

 

DISCLAIMERS

 

YOU AGREE THAT YOUR USE OF THE WEBSITE AND COMPANY SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE COMPANY SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, PROTECTED HEALTH INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR COMPANY SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) 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 WEBSITE. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND 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.

 

LIMITATIONS OF LIABILITY

 

IN NO EVENT SHALL COMPANY OR ITS 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 WEBSITE OR COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE PERIOD OF THREE (3) MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING.

 

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 OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

 

INDEMNITY

 

You agree to defend, indemnify and hold Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless 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 your contributed content, use of the Company Services, and/or arising from a breach of this Agreement by anyone accessing the Website using your user ID and password, and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company, and you agree to cooperate, at your expense, with Company’s defense of such claims. Company 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.

 

FORCE MAJEURE

 

No failure or omission by the Company in the performance of any obligation of this Terms of Use will be deemed a breach of this Terms of Use or create any liability if the same will arise from any cause or causes beyond the control of the Company, including, but not limited to the following: acts of God; failures of public networks; failure of internet connectivity; electrical outages; acts or omissions of any government; any rules, regulations or orders issued by any governmental authority or by any officer, department, agency or instrumentality thereof; fire; flood; storm; earthquake; accident; acts of terrorism; strikes; war; rebellion; insurrection; riot; and invasion. The Company shall notify you of such force majeure circumstances as soon as reasonably practical, and shall promptly undertake all reasonable efforts necessary to cure such force majeure circumstances if within our power to do so.

 

NOTICES

 

Except as explicitly stated otherwise, any notices given to Company shall be given by email to the address listed in the contact information below. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail.

 

USER DATA

 

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

 

ELECTRONIC CONTRACTING

 

Your use of the Company Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE COMPANY SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

 

MISCELLANEOUS

 

This Agreement constitutes the entire agreement between you and Company regarding the use of the Company Services. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. Company may assign any or all of its rights and obligations to others at any time. Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Company's reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement 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 Company as a result of this Agreement or use of the Website and Company Services. Upon Company’s request, you will furnish Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Company by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.

 

CLAIMS OF COPYRIGHT INFRINGEMENT

 

We disclaim any responsibility or liability for copyrighted materials posted on the Website. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.

 

Medical Group respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to Company’s Designated Copyright Agent, identified below.

 

Notices of Alleged Infringement for Content Made Available on the Site

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Website by sending us a notice ("Notice") complying with the following requirements:

1. Identify the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice: "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)." "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
5. Provide your full legal name and your electronic or physical signature.

 

Deliver this Notice, with all items completed, to our Copyright Agent: [email protected] or mail it to the address below.

 

CONTACT US

 

In order to resolve a complaint regarding the Company Services or to receive further information regarding the use of the Company Services, please contact Company as set forth below or, if any complaint with us is not satisfactorily resolved, and you are a California resident, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.

 

ACCESS MEDICAL ASSOCIATES PLLC

93 MARCUS BLVD

HAUPPAUGE, NY 11788

Email: [email protected]

Phone: 800-632-4981