Updated September 23, 2016
TERMS AND CONDITIONS
Welcome to the Access A Doctor (“The Company”) website (the “Site”). The Company provides online health-related services by arranging for video, telephone or electronic mail medical consultations with a licensed physician, electronic medical record storage, and certain other related products and services (collectively, the “Services”). As used in these Terms and Conditions, references to “The Company” means and includes The Company, its parent, subsidiaries and affiliated entities, “you” or “your” means you, your dependent(s), if any, and any other person eligible for access to your The Company account. These Terms and Conditions apply to your use of the Site and, to the extent referenced, to your registration for, subscription to, and use of The Company Services. The Company may, at any time and from time to time, in its sole discretion, change these Terms and Conditions. Any changes to these Terms and Conditions will be effective immediately upon posting of the changed Terms and Conditions on the Site. You agree to review these Terms and Conditions periodically, and your use of the Site following any such change constitutes your agreement to follow and be bound by such changed Terms and Conditions.
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, DIAL “911” IMMEDIATELY.
Access-A-Doctor provides clinical services on behalf of The Company and through the The Company Site. Access-A-Doctor is an independent, physician-owned medical group with a national network of United States based providers. Healthcare providers accessed through the Site are not employed by The Company. Nothing contained in this Site is intended to be used for medical diagnosis or treatment or construed, directly or indirectly, as the practice of medicine or dispensing of medical services by MTM. MTM DOES NOT PROVIDE MEDICAL CARE. THE CONTENT OF THE SITE AND THE SERVICES DO NOT CONSTITUTE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. RELIANCE ON ANY INFORMATION APPEARING ON THE SITE, WHETHER PROVIDED BY The Company, ITS AFFILIATES, ITS CONTENT PROVIDERS, MEDICAL PRACTITIONERS, CLIENTS OR OTHER VISITORS TO THE SITE IS SOLEY AT YOUR OWN RISK AND IS NOT A SUBSTITUTE FOR MEDICAL OR OTHER PROFESSIONAL ADVICE AND SERVICES FROM QUALIFIED HEALTH CARE PROVIDERS ASSESSING YOUR CONDITION IN PERSON. WHILE MTM FACILITATES CONSULTATIONS WITH LICENSED PHYSICIANS, MTM DOES NOT PROVIDE MEDICAL SERVICES AND THE DOCTOR-PATIENT RELATIONSHIP IS BETWEEN YOU AND THE HEALTHCARE PROVIDER YOU SELECT. Your use of this Site does not create a physician-patient relationship. The only way to create a physician/patient relationship with a participating physician is described in these Terms and Conditions.
1. Use of Site
You agree not to access the Site or use the Services in an unlawful way or for any unlawful purpose, including but not limited to: posting or transmitting a message under a false name, posting any data, materials, content or information which is libelous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person, or positing any content which contains or promotes any virus, worm, Trojan horse, time bomb or other computer programming or code that is designed or intended to damage, destroy, interfere or manipulate in any way, or otherwise interrupt or expropriate the Site or the Services, personal information, software, equipment, servers or Information or facilitate or promote hacking or similar conduct. The Company may delete any Information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, and obscene or in violation of a copyright, trademark or other intellectual property or ownership right of any other person.
2. Eligibility, Enrollment and Account Security
You represent that you are of legal age and are not a person barred from enrolling for, and/or receiving, Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Site and/or The Company Services is limited to users in the United States. However, recognizing the global nature of the Internet, it may be possible to access and/or use the Site and/or the Services outside of the United States. In the event of such access and/or use, you agree to comply with all local rules regarding online conduct and transmission of information, including, without limitation, all applicable laws regarding the transmission of technical data exported from the United States or any other jurisdiction, and you acknowledge that The Company makes no representation or warranty that we, any of the Services, or any information on the Site or transmitted via a Service is lawful in any jurisdiction outside the United States. The Company may, in its sole discretion, refuse to accept your registration or subscription due to non-compliance with any eligibility or subscription requirement.
In order to enroll in the The Company Services, you are required to (1) fully, accurately and truthfully complete the registration profile, including your Personal Contact Information (“PCI”), including but not limited to name, address, telephone number and e-mail address, (2) complete any and all other items requested pursuant to your use of the Site or the Services and (3) set your Internet browser to accept “cookies” from the Site. By registering on the Site you are agreeing to opt-in to the receipt of communications from The Company, such as newsletters and offers, by mail or electronic mail and further agree that The Company may provide to you, electronically, any notices required by law. If you do not wish to receive such communications, you may opt-out at any time. You are also consenting to The Company’s disclosure of your PCI with agents and The Company employees for any reason as described in our Privacy Notice.
You are solely responsible for maintaining the confidentiality of your password and for all activities that occur under your password. You agree to prohibit anyone else from using your password and to immediately notify The Company in writing of any unauthorized use of your password or other security concerns of which you become aware.
3. Electronic Medical Record
The Company creates an Electronic Medical Record (“EMR”) specifically for you to store and access your personal health information online, as well as for providing a licensed physician who uses The Company to facilitate the conduct of a consultation with you in accordance with his or her obligations under applicable state and federal law with regard to creating and maintaining your medical record(s). Information provided to a physician as part of a telephony-based, web-based or secure e-mail medical consultation becomes part of the The Company EMR and is subject to applicable state and federal law. IT IS SOLELY YOUR PHYSICIAN’S OBLIGATION TO USE AND DISCLOSE THE INFORMATION INCLUDED IN YOUR MEDICAL RECORD IN ACCORDANCE WITH APPLICABLE STATE AND FEDERAL LAW, INCLUDING, WITHOUT LIMITATION, OBTAINING ANY CONSENTS OR AUTHORIZATIONS THAT MAY BE REQUIRED FOR YOUR INFORMATION TO BE SHARED WITH OTHER PARTICIPATING PHYSICIANSOR HEALTHCARE INSTITUTIONS. MTM archives all Personal Information and EMRs associated with usage of The Company site and The Company services for Seven(7) years.
4. Payments, Changes to Services and Refunds
If your subscription is paid by a third party and that third party ceases to, for any reason, pay for your subscription or any other applicable fee, you may continue your subscription to the Services provided you consent and arrange with The Company to pay The Company directly for the Services. As an individual enrollee, you may upgrade or downgrade the level of the Services to which you are subscribing at any time by following the instructions on the Site. The upgrade or downgrade shall take effect no later than the date of your next full billing cycle. Subscriptions provided by a third party may only be upgraded pursuant to direct payment to The Company for the upgraded Services. Access to The Company Services may be cancelled at any time upon written notice to The Company. The Company may provide refunds as determined in its sole and absolute discretion.
5. Site Control
The Company reserves complete and sole discretion with respect to the operation of the Site and the Services. The Company may, among other things, withdraw, suspend or discontinue any functionality or feature of the Site or the Services. Additionally, although The Company attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and content thereon. The Company may provide links to third parties’ web sites but is not responsible, under any circumstance, for an errors related to the content or functionality of third party sites nor is it responsible for the terms and conditions, privacy practices, accuracy, copyright compliance, legality, decency or any of the Information, products, services or any transmissions received by or through third parties. Any link on the Site to any third party’s Web site does not imply an endorsement of the terms, privacy practices, or products or services of any kind of any third party. 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 Site by sending us written notice pursuant to Section 6 below. The Company reserves the right, in its sole discretion, to terminate your access to all or part of the Site, with or without cause, and with or without notice.
6. Legal Notices
The Company makes no representation or warranty as to the content of any treatment response from any participating, licensed, physician. You and your physician are solely responsible for all information and/or communication sent during a telephone medical consultation, secure email consultation or other communication. The Company does not guarantee that a telephony-based medical consultation or secure email, or web-based, consultation is the appropriate course of treatment for your particular health care problem. You agree to contact your primary care physician immediately should your condition change or your symptoms worsen. IN ORDER TO CREATE A DOCTOR-PATIENT RELATIONSHIP WITH A PARTICIPATING PHYSICIAN YOU MUST COMPLETE A MEDICAL HISTORY ASSESSMENT.
Disclaimer of Warranties
YOU ACKNOWLEDGE THAT YOUR USE OR MISUSE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. ALL INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON OR PROVIDED THROUGH THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW MTM AND ITS MEMBERS, SHAREHOLDERS, DIRECTORS, MANAGERS, ENPLOYEES, OFFICERS, OFFICERS, CONTRACTORS, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, “AFFILIATES”) HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS STRAINS. WITHOUT LIMITING THE FOREGOING, MTM MAKES NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE INFORMATION, PRODUCTS, AND SERVICES PROVIDED HEREUNDER. WITHOUT LIMITATION OF THE FOREGOING, MTM SPECIFICALLY disclaims all liability for the ACTS OR OMISSIONS OF ANY PARTICIPATING PHYSICIANS PROVIDING MEDICAL CARE TO SUBSCRIBERS.
Limitation of Liability
IN NO EVENT SHALL The Company BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF (i) ONE MONTH’S (1 MONTH’S) SUBSCRIPTION RATE OF YOUR SUBSCRIPTION PLAN, OR (ii) IN THE EVENT NO SUBSCRIPTION PRICE WAS PAID OR REQUIRED, $1,000. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MTM BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF THE SERVICES OR LOSS OF INFORMATION, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS SITE OR ANY SERVICE OFFERED OR PROVIDED THROUGH THIS SITE OR BY OTHER MEANS OR ANY INFORMATION OR PRODUCTS CONTAINED IN, ACCESSED THROUGH, OR PRODUCTS PURCHASED OR SERVICES SUBSCRIBED TO ON THIS SITE OR OTHERWISE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF MTM IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME. TO THE EXTENT CERTAIN JURISDICTIONS RESTRICT ANY OF THE ABOVE LIMITATIONS OF LIABILITY; SUCH LIMITATIONS SHALL NOT APPLY IN SUCH JURISDICTIONS TO THE EXTENT OF SUCH RESTRICTIONS. YOU ACKNOWLEDGE AND AGREE THAT MTM’S AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES AND IN CIRCUMSTANCES WHERE THE FOREGOING LIMITATION IS FINALLY DETERMINED TO BE UNAVAILABLE SHALL NOT EXCEED THE SUBSCRIPTION PRICE PAID BY YOU FOR THE ONE (1) MONTH PERIOD PRIOR TO THE TIME OF THE FIRST OCCURRENCE OF THE SUBJECT DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES.
You agree to defend, indemnify and hold harmless The Company and its Affiliates from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions and suits (no matter whether at law or equity), fees, costs and attorneys’ fees (including appellate level) of any kind whatsoever arising, directly or indirectly, out of or in connection with (i) your use or misuse or of the Site or the Services or any Information posted on the Site, (ii) your subscription, (iii) your breach of the Terms and Conditions or the Privacy Notice , (iv) your relationship with any participating physician , (v) the content or subject matter of or any Information you provide to The Company, any of its Affiliates, any participating physician or Customer service agent, and/or (vi) any negligent or wrongful action or omission by you in the use or misuse of the Site or the Services or any Information posted on the Site, including, without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.
The Company will try to work in good faith to resolve any issue you have with the Site through its customer service department. However we realize there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction. In the event we cannot resolve a dispute between us, you agree all matters related to any use or access of the Site or the Services will be governed by the laws of the State of Texas without regard it its conflicts of laws rules. Venue for any claims or controversies arising out of this agreement or related to any use or access of the Site or the Services will be exclusively in Collin County, Texas. You hereby waive any objections to such jurisdiction or venue.
Notwithstanding anything herein to the contrary, The Company shall not be liable for any losses arising out of the delay or interruption of its performance of any obligations due to any act of God, act of governmental authority, act of public enemy, war, riot, flood, civil commotion, insurrection, severe weather conditions, or any other cause beyond its reasonable control.
The Company may provide notice to you via the e-mail address you provided during registration or by a general notice on the Site. You may give notice to The Company at any time by clicking on the Notice link on the The Company Site or by U.S. mail or overnight courier to The Company Member Support at 214 East Louisiana Street, Suite 300, McKinney, Texas 75069.
Entire Agreement; Severability
These Terms and Conditions and the Privacy Notice constitute the sole and only agreement of you and The Company and supersede any prior understandings or written or oral agreements between you and The Company with respect to their subject matter and constitute a complete and exclusive statement of the terms of the agreement between you and The Company with respect to their subject matter. The provisions of these Terms and Conditions and the Privacy Notice are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, but such provision shall be reformed, if reasonably possible, only to the extent necessary to make it enforceable.