These Terms of Use (“TOU”) are an agreement between you and Medccm, Inc., operating under the trade name of Health Solutions MD (“Health Solutions MD”) concerning your access to, and use of, various services offered through our website [www.healthsolutionsmd.com/], and any web-based and/or mobile applications that require you to create an account in order to use the Services (as such term is hereinafter defined) (collectively, the “Site”) By accessing, browsing, and/or using the Site, you accept and agree to be bound by the TOU and the Privacy Policy (collectively, the “Terms and Conditions”). If you do not agree to all of these Terms and Conditions, do not access or use the Site. If you have questions regarding these Terms and Conditions, please contact us at info@healthsolutionmd.com .
These TOU may change. Because your use of the Site means that you agree to these TOU, if we revise and update these TOU, your continued use of the Services and the Site will mean that you accept these changes. You choose whether or not to use the Services and the Site. If you do not agree to all of these TOU, please do not use the Services and the Site.
IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.
IMPORTANT NOTICE: YOUR USE OF OUR SITE IS SUBJECT TO AN ARBITRATION PROVISION IN THIS AGREEMENT, REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION. PLEASE CAREFULLY REVIEW THE ARBITRATION PROVISION OF THIS AGREEMENT FOR MORE INFORMATION.
Your Relationship with Health Solutions MD
Health Solutions MD, on its own behalf and on behalf of one or more professional corporations incorporated, formed or authorized in one or more states and for which Health Solutions MD provides administrative services (collectively, the “Professional Entities”), makes certain information available to you regarding remote weight loss treatment programs (“Telehealth Visits”) and facilitates your access to telemedicine and expert medical services provided by the Professional Entities (the “Services”). Health Solutions MD’s role is limited to making such information available to you and/or facilitate your access to the Services, on behalf of the Professional Entities as their “business associate” as that term is defined under the Health Insurance Portability and Accountability Act of 1996, as amended, and its implementing regulations (“HIPAA”). Health Solutions MD is independent from the Professional Entities and the healthcare providers that may provide you with telehealth services through the Professional Entities. Health Solutions MD is not responsible for the Professional Entities’ acts, omissions or for any content of the communications made by them to you. Health Solutions MD does not engage in the practice of medicine or provide any other health services.
Health Solutions MD itself does not offer any diagnosis or treatment. ALL INFORMATION PROVIDED ON THIS SITE OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY Health Solutions MD IS INTENDED TO BE FOR GENERAL INFORMATION PURPOSES ONLY AND IS IN NO WAY INTENDED TO CREATE A PROVIDER-PATIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW. USE OF THE Health Solutions MD SITE IS NOT A SUBSTITUTE FOR PROFESSIONAL DIAGNOSIS OR TREATMENT AND RELIANCE ON ANY INFORMATION PROVIDED BY Health Solutions MD IS SOLELY AT YOUR OWN RISK
Your Relationship with Health Solutions MD
In connection with accessing the Services and Telehealth Visits, you acknowledge, understand, consent and agree to the following:
1. Telehealth Visits involve the use of electronic communications to enable the providers under contract and/or employed by the Professional Entities (the “Providers”) at different locations to share individual patient medical information for the purpose of providing the Services and improving patient care.
2. A Telehealth Visit is not the same as an in-person direct patient/healthcare provider visit, because you will not be in the same room as the Provider providing the Services.
3. You understand that parts of your care and treatment that require physical tests or examinations may be conducted by providers other than the Provider.
4. The communications systems used during the Telehealth Visits will incorporate reasonable security protocols to protect the confidentiality of patient information and will include reasonable measures to safeguard the data and to ensure its integrity against intentional or unintentional corruption.
5. Nevertheless, you understand that there are potential risks to the use of this technology during the Telehealth Visits, including but not limited to:
- Delays in medical evaluation and consultation or treatment may occur due to deficiencies or failures of the equipment or network interruption;
- Security protocols could fail, causing a breach of privacy of personal health information;
- Lack of access to complete medical records may result in adverse drug interactions or allergic reactions or other negative outcomes; and
6. If applicable, you are aware that either the Provider or you can discontinue the Telehealth Visit if we believe that the videoconferencing connections are not adequate for the situation.
7. You understand that the Telehealth Visit will not be audio or video recorded at any time, and you agree not to audio or video record the Telehealth Visit.
8. In connection with a Telehealth Visit, you may be requested by a Provider to upload, post, publish or display (hereinafter, “upload”) images, videos, photographs, information, data, text, messages or other materials (“content”). You will ensure that all content you upload or share with the Professional Entities and the Providers complies with all applicable laws, rules and regulations, is appropriate and non-offensive, and that you have all necessary rights to use, share, and/or upload such content, without infringing any third party rights.
9. To the extent applicable, you hereby consent and authorize the Professional Entities and any Provider associated with the Professional Entities to review and use content you have uploaded to the Site in connection with the Services provided to you pursuant to any Telehealth Visit.
10. You agree that the Professional Entities may use and disclose your Protected Health Information (as that term is defined under HIPAA) in accordance with applicable law and the Notice of Privacy Practices provided to you.
11. You acknowledge that you have the right to request the following:
- Omission of specific details of your medical history/physical examination that are personally sensitive, or
- Asking non-medical personnel to leave the room where the Provider is conducting the Telehealth Visit at any time if their presence is not mandated for safety concerns, or
- Termination of the service at any time.
12. You agree that you are entering into an agreement with the Professional Entities which shall be a provider of the Services to you, which means, among other things, you are entering into a practitioner-patient relationship with the Provider associated with the Professional Entities that personally performs the Services.
13. You understand and agree that Health Solutions MD is the provider of certain administrative services to the Professional Entities and does not provide professional medical services itself.
14. In connection with the Services and the provision of Telehealth Visits
15. Neither Health Solutions MD nor the Professional Entities is a drug fulfillment warehouse. In the event that a Provider associated with the Professional Entities does prescribe a medication, he/she will limit the supply based on state regulations and will only prescribe a medication, as determined appropriate in his/her sole discretion and professional judgment. The Professional Entities does not guarantee that a prescription will be written.
16. You agree that any prescriptions that you acquire from a Provider shall be solely for your personal use. You agree to fully and carefully read all product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription.
Important Health and Medical Notices and Disclaimers
Health Solutions MD does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by Healthcare Providers, each of whom is responsible for its services and compliance with the requirements applicable to its profession and license. no medical care or advice shall be provided directly to you from Health Solutions MD OR our applciation. by using the application or our services you expressly agree and acnkowledge that Health Solutions MD is not a medical organization and Health Solutions MD does not and cannot provide you with medical advice or care and nothing that you may read in or through the use of this application or our services should be contrued as medical advice. Health Solutions MD only acts as a technology information service provider to connect you with Healthcare Providers who may be ABLE TO PROVIDE you with THEIR RESPECTIVE medical services. Health Solutions MD expressly disclaIms any implied guarantee or warranty regarding the accuracy, completeness, timeliness, or relevance of any information provided through the application.
Health Solutions MD, the application, its services, or any subscription plan offereed by health care providers through this application are not insurance and do not serve as a substitute for comprehensive health insurance coverage.
Payment for Services.
In connection with your enrollment with Health Solutions MD, you acknowledge and agree that the Professional Entities may submit claims on your behalf for the Services to the extent such Professional Entities are participating providers with, any federal or state healthcare programs (i.e., Medicare, Medicaid) or any third party commercial payor (collectively, “Payor Reimbursement”). The Professional Entities may elect to accept as payment in full any and all Payment Reimbursement from any federal or state healthcare program or any third party commercial payor for the Services.
By agreeing to use the Services, you acknowledge and agree that: (1) to the extent the Services are a covered service under any applicable federal or state healthcare programs or any third party commercial payor, you hereby authorize Health Solutions MD and the Professional Entities to submit claims on your behalf to Payor Reimbursement; (2) to the extent the Services are a covered service under any applicable federal or state healthcare programs or any third party commercial payor, you hereby authorize Health Solutions MD and the 3 Professional Entities to release any and all medical and other information to process any claims for Payor Reimbursement and assign or otherwise authorize payment directly to Health Solutions MD and/or the Professional Entities for Payor Reimbursement with respect to the Services; (3) to the extent Payor Reimbursement does not fully reimburse Health Solutions MD and the Professional Entities for the cost of the Services, you authorize and agree that Health Solutions MD may charge your Payment Method (as herein defined) for amounts not otherwise covered under Payor Reimbursement; or (4) to the extent you are choosing not use a federal and/or state healthcare program or third party commercial payor for Services, you are explicitly choosing to obtain products and services on a cash basis outside of such programs and you have sole financial responsibility for all Services provided to you. SUBMISSION OF CLAIMS DOES NOT WAIVE OUR RIGHT TO SEEK PAYMENT DIRECTLY FROM YOU.
Subject to any ability to refund as hereinafter set forth, you agree that you will be charged for the Services, by providing a credit card or other payment method accepted by Health Solutions MD (“Payment Method”), and you are expressly agreeing that Health Solutions MD is authorized to charge to the Payment Method any fees for Services, together with any applicable taxes, to the extent, if applicable not covered by Payor Reimbursement.
You agree that authorizations to charge your Payment Method remains in effect until you cancel it in writing, and you agree to notify Health Solutions MD of any changes to your Payment Method. You certify that you are an authorized user of the Payment Method and will not dispute charges for the Services. You acknowledge that the origination of ACH transactions to your account must comply with applicable provisions of U.S. law. In the case of an ACH transaction rejected for insufficient funds, Health Solutions MD may at its discretion attempt to process the charge again at any time within 30 days.
Your Representations, Warranties and Covenants to Health Solutions MD
By accessing the Site, you represent and warrant the following: (i) you are at least eighteen (18) years of age, (ii) you have the legal ability and authority to enter into these TOU with Health Solutions MD , (iii) the information you have provided to Health Solutions MD in your registration is accurate and complete, (iv) you will comply with any and all laws applicable to your use of the Site (v) you will not interfere with a third party’s use and enjoyment of the Site (vi) you will not interfere with or disrupt Health Solutions MD’s or its vendors’ security measures, (vii) if any information you provide to Health Solutions MD becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify Health Solutions MD, and (viii) you are accessing the Site for yourself.
In connection with your relationship with Health Solutions MD, you may provide to us, or cause to be provided to us on your behalf, personal information, including health information. We will use your information in accordance with our Privacy Policy which may be found here [link].
You are responsible for providing and maintaining, at your own risk, option, and expense, appropriate software and hardware capabilities (consistent with any technical, quality, or other requirements described on the Site) to enable use of the Site, including, but not limited to, a computer or mobile device with internet access. You are solely responsible for any fees, including internet connection or mobile fees that you incur while using the Site. You also have a duty to provide truthful, accurate, and complete information in any forms or other communications you submit to or through the Site. We reserve the right to change the access configuration, including any software, hardware, or other requirements of the Site at any time without prior notice.
Access to the Site.
This Site, our systems, our databases, and any and all other information, data, documents, materials, works and other content, devices, methods, processes, hardware, software and other technologies and inventions, including any technical or functional descriptions, requirements, plans, specifications, or reports, that are provided or used by Health Solutions MD or any subcontractor engaged by Health Solutions MD in connection with this Site or otherwise comprised or related to this Site, the designs of each of the foregoing, and any and all intellectual property rights in the foregoing (collectively, the “Health Solutions MD Materials”) shall at all times remain the exclusive property of Health Solutions MD and its third-party licensors. Any third-party software included in this Site is licensed subject to the additional terms of the applicable third-party license.
Our Site may include or provide access to information, software, photos, videos, text, graphics, music, sounds, and other material or information provided by us or third parties (collectively, the “Health Solutions MD Content”) that are protected by copyrights, patents, trademarks, trade secrets, or other intellectual property laws. You are not acquiring any rights in or to the Health Solutions MD Content other than a non-exclusive right to access and use the Health Solutions MD Content solely in accordance with the terms of this Agreement and solely in connection with your use of our Site. You understand and agree that Health Solutions MD rights in any Health Solutions MD Content are valid and protected in all forms, media, and technologies existing now or developed in the future. You may not obscure or remove any proprietary rights notices contained in or on the Health Solutions MD Content.
On the condition that you comply with all of your obligations under this Agreement and subject to additional terms of any third-party licenses applicable to our Site, we hereby grant to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use our Site solely for your own, non-commercial personal development purposes. We reserve all rights not otherwise expressly granted by this Agreement. If you do not comply with this Agreement, we reserve the right to revoke any license granted in this Agreement and limit your access to our Site. Any use of our Site that exceeds the rights expressly granted in this Agreement is strictly prohibited and constitutes a violation of this Agreement, which may result in the termination of your right to access and use our Site. You are not acquiring any rights in or to the Health Solutions MD Materials other than a non-exclusive right to access and use this Site solely in accordance with the terms of this Agreement.
Health Solutions MD or its licensors exclusively own all right, title and interest in and to our Site, Health Solutions MD Content, Health Solutions MD Materials, and Feedback, including but not limited to, all ideas, inventions, inferences, discoveries, source and object software code, developments, derivative works, enhancements, upgrades, fixes and patches, formats and processes, and all images, trademarks, service marks, logos and icons displayed or related therein or thereto (collectively, “Health Solutions MD IP”). Except as expressly provided herein, you have no right, license, or authorization with respect to any of the Health Solutions MD IP. You shall not assert any claims to the contrary or otherwise do anything inconsistent with the allocation of ownership herein, including, but not limited to, challenging the validity of the authorizations or any intellectual property rights granted herein. In the event you are ever deemed to be the owner of any of the Health Solutions MD IP, you shall immediately take all necessary steps to evidence, transfer, perfect, vest, or confirm Health Solutions MD’s right, title and interest in the Health Solutions MD IP. Health Solutions MD is not transferring or granting to you any right, title, or interest in or to (or granting you any license or other permissions in or to) any Health Solutions MD IP. The sole exception of the foregoing reservation of rights are the limited rights granted to you to use our Site, which shall automatically terminate upon expiration or termination of this Agreement. Any unauthorized use of any Health Solutions MD IP, whether owned by us or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes. Trademarks owned by third parties are the property of those respective third parties.
You may not: (1) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party any portion of our Site in any way; (2) copy, modify, adapt, alter, translate, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which our Site is based; (3) use our Site or Health Solutions MD Materials to develop a competing service or product; (4) use any device, software, or routine intended to damage or otherwise interfere with the proper functioning of our Site, servers, or networks connected to our Site or take any other action that interferes with any other person’s use of our Site; (5) decrypt, transfer, create Internet links to our Site, or “frame” or “mirror” our Site on any other server or wireless or Internet-based device; (6) use or merge our Site or any component thereof with other software, databases, or services not provided or approved by us; (7) circumvent or attempt to circumvent any electronic protection measures in place to regulate or control access to our Site; (8) use our Site for unlawful purposes; (9) develop, distribute, or sell any software or other functionality capable of launching, being launched from, or otherwise integrated with our Site; (10) use any bot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on our Site for any reason; (11) access or attempt to access any other user’s account; (12) use any Health Solutions MD Materials made available through our Site in any manner that misappropriates any trade secret or infringes any copyright, trademark, patent, rights of publicity, or other proprietary right of any party; (13) introduce or attempt to introduce into our Site any virus, rogue program, Trojan horse, worm or other malicious or intentionally destructive code, software routines, or equipment components designed to permit unauthorized access to or disable, erase, or otherwise harm our Site, or perform any such actions; (14) introduce or attempt to introduce into our Site any back door, time bomb, drop dead device, or other software routine designed to disable a computer program automatically with the passage of time or under the positive control of an unauthorized person; (15) delete, modify, hack, or attempt to change or alter our Site, Health Solutions MD Materials, or notices on our Site; (16) connect to or access any Health Solutions MD computer system or network other than our Site; or (17) impersonate any other person or entity to use or gain access to our Site.
Health Solutions MD may terminate your use of the Site or any of Health Solutions MD’s features or services at any time and for any reason without notice. You agree that if your use of the Site is terminated pursuant to these TOU, you will not attempt to use the Site under any name, real or assumed. Except as otherwise provided in the Privacy Policy, or as required by applicable law, we have no obligation, whether before or after the termination of your use of the Site, to return or otherwise provide to you any information to use, or any other information that we have that relates to you.
We use commercially reasonable efforts to maintain our Site, but we are not responsible for any defects or failures associated with our Site, any part thereof, or any damages (such as lost income, opportunities or any other consequential or indirect damages) that may result from any such defects or failures. Our Site may be inaccessible or inoperable for any reason, including, without limitation: (1) equipment malfunctions; (2) periodic maintenance procedures or repairs which we may undertake from time to time; or (3) causes beyond our reasonable control or which we could not reasonably foresee. You understand that our Site is provided over the Internet, so the quality and availability of our Site may be affected by factors outside of our control. Our Site is not intended to be available 100% of the time and we do not make any representations, warranties, or guarantees regarding the reliability or availability of our Site. We do not represent, warrant, or guarantee that our Site will always be available or are completely free of human or technological errors. We will not be liable to you or any third party for damages or losses related to our Site being unavailable.
Third Party Links.
Health Solutions MD may provide links to third-party web sites. Health Solutions MD does not recommend and does not endorse the content on any third-party websites. Health Solutions MD is not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements. Your use of third-party websites is at your own risk, and subject to the terms and conditions of use for such sites. Health Solutions MD does not endorse any product, service, or treatment advertised on the Site. Health Solutions MD does not control and is not responsible for the privacy practices of such third parties. Health Solutions MD encourages you to review the privacy policies of each website and application you visit and use. Any third-party software included in this Site is licensed subject to the additional terms of the applicable third-party license
Mobile Use
Your contract with your mobile network provider (“Mobile Provider”) will continue to apply when accessing or using our Site on your mobile, handheld device (“Mobile Device”). You understand that your Mobile Provider may charge you fees for your use of its network connection services while accessing or using our Site, for data downloading, e-mail, text messages, for roaming, and other Mobile Provider or third party charges. YOU ACCEPT RESPONSIBILITY FOR ALL MOBILE PROVIDER FEES. Please review our Privacy Policy [link] for more information on how we administer SMS text messaging, including details on how to opt-out.
Limitation on Use by Minors
YOU MUST BE AT LEAST AGE EIGHTEEN (18) TO USE OUR SITE. BY ACCESSING, USING AND/OR SUBMITTING INFORMATION TO OR THROUGH OUR SITE, YOU REPRESENT THAT YOU ARE NOT YOUNGER THAN AGE 18.
Our service is intended for use by individuals who are at least eighteen (18) years of age or such older age as may be required by applicable state laws in the jurisdiction in which an individual accesses the Site. The Site is not designed or intended to attract, and is not directed to, children under eighteen (18) years of age. If Health Solutions MD obtains actual knowledge that it has collected personal information through the Site from a person under eighteen (18) years of age, Health Solutions MD will use reasonable efforts to refrain from using such personal information or maintaining it in retrievable form. Individuals under eighteen (18) years of age (and/or their parent or guardian) may contact Health Solutions MD if they believe their personal information has been collected and/or displayed on the Site and request its removal and/or destruction.
Please note that Health Solutions MD is not required to erase or otherwise eliminate, or enable erasure or elimination of such content or information in certain circumstances, such as, for example: (1) when an international, federal, state, or local law, rule, or regulation requires Health Solutions MD to maintain the content or information; (2) when Health Solutions MD maintains the content or information on behalf of a user’s healthcare provider as part of such user’s medical record; (3) when the content or information is stored or posted to the Site by a third party other than the user (including any content or information posted by the user that was stored, republished, or reposted by the third party); (4) when Health Solutions MD anonymizes the content or information, so that such user cannot be identified individually; (5) when such user does not request that such information be removed from the Site; and (6) when such user has received compensation or other consideration for providing the content or information.
The foregoing is not intended to be an admission that Health Solutions MD is subject to the Child Online Privacy Protection Act, the Federal Trade Commission’s Children’s Online Privacy Online Protection Rule(s), or any similar international, federal, state, or local laws, rules, or regulations.
Account Information
When you create an account with Health Solutions MD, you are creating a direct customer relationship with Health Solutions MD that enables you to access and/or utilize various functions of the Site. As part of that relationship, you will provide certain information to Health Solutions MD, including but not limited to, your name, email address, shipping address, phone number, and certain transactional information that Health Solutions MD does not consider to be 7 “protected health information” or “medical information”. Health Solutions MD will use the data and information that you provide in accordance with its Privacy Policy.
You may not upload, post, or transmit any information in connection with your account that: (1) would violate or infringe the proprietary, privacy, publicity, or intellectual property rights of Health Solutions MD, our customers, or any third party; (2) is obscene, defamatory, threatening, harassing, abusive, libelous, hateful, or harmful to any other person or entity; (3) violates any applicable law, statute, ordinance, or regulation; (4) puts in jeopardy the security of your account, Health Solutions MD, our customers, or our Site; or (5) promotes or displays any of the following content: (a) pornography; (b) violence; (c) racial intolerance or advocacy against any individual, group, or organization; (d) profanity; or (e) illicit drugs and drug paraphernalia. We reserve the right, but have no obligation, to pre-screen, review, flag, filter, modify, refuse, and remove any and all content you upload from the Site. You understand and expressly acknowledge that by using our Site you may be exposed to content that you find offensive, indecent, or objectionable and that we will not be liable to you or any other person or entity for your consumption of any content on our Site.
You must immediately notify us if you learn of or have reason to suspect any unauthorized use of your information or any other breach of security. You also agree that you will provide truthful and accurate information to us. We may refuse to grant you access to our Site for any reason, including, without limitation, if we have reason to believe that you are impersonating someone else, that the information you provide is protected by trademark or other proprietary rights, or is vulgar or otherwise offensive.
We welcome your comments, feedback, information, or materials regarding our Site or any of our other products or services (collectively, “Feedback”). Your Feedback will become our property upon your submission to us. By submitting your Feedback to us, you agree to assign, and hereby irrevocably assign to us, all right, title, and interest in and to the Feedback and all copyrights and other intellectual property rights embodied in such Feedback on a worldwide basis. We will be free to use, copy, distribute, publish and modify your Feedback on an unrestricted basis, without compensation to you. Moreover, you hereby assign or waive, as the case may be, any moral rights that you may have in or to the Feedback.
Data Retention
Health Solutions MD may retain your information for (1) as long as it believes necessary; (2) as long as necessary to comply with its legal obligations, resolve disputes, and/or enforce agreements; or (3) as long as needed to provide its users with the Services. Health Solutions MD may dispose of or delete any such information at any time, except as set forth in any other agreement or document executed by Health Solutions MD or as required by law. Please see the Privacy Policy for additional information about how your data will be handled by Health Solutions MD.
Transactions
In connection with any transaction they conduct through the Site, users of the Site may be asked to supply certain information relevant to the transaction, including, without limitation, credit card numbers and expiration dates, billing addresses, shipping addresses, phone numbers, or email addresses. By submitting such information, users grant Health Solutions MD without charge the irrevocable, unencumbered, universal, and perpetual right to provide such information to third parties for the purpose of facilitating the transaction.
We use and rely upon electronic records and electronic signatures for the execution and delivery of these Terms and Conditions and any other agreements, undertakings, notices, disclosures or other documents, communications or information of any type sent or received in accordance with these Terms and Conditions and in performing our obligations and exercising our rights under these Terms and Conditions. Neither you nor Health Solutions MD will prevent or inhibit in any way the other party from printing, saving, or otherwise storing electronic records sent or otherwise made available to the other party. You agree not to contest the authorization for, or validity or enforceability of, electronic records and electronic signatures, or the admissibility of copies thereof, under any applicable law relating to whether certain agreements, files, or electronic records are to be in writing or signed by you to be bound thereby. You will bear your own costs and expenses in conducting business electronically, and will undertake all steps necessary, including software, hardware, and other equipment upgrades and purchases, in order to be able to conduct business electronically.
Waiver
No delay or omission by Health Solutions MD to exercise any right or power it has under these TOU or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by Health Solutions MD must be in writing and signed by an authorized representative of Health Solutions MD.
Jurisdictional Issues
These TOU, the Privacy Policy, and Health Solutions MD’s collection, use, and disclosure of information are governed by United States law.
Representations
You hereby represent and warrant that: (1) you (a) are at least the age of 18; and (b) have the power and authority to enter into and perform your obligations under this Agreement; (2) all information provided by you to us is truthful, accurate and complete; (3) you will comply with the terms and conditions of this Agreement and any other agreement to which you are subject that is related to your use of our Site, your Feedback, user content, account information, or any part thereof; (4) if applicable, you have provided and will maintain accurate and complete information with us, including, without limitation, your legal name, email address, and any other information we may reasonably require; (5) your access to and use of our Site or any part thereof will not constitute a breach or violation of any other agreement, contract, terms of use or any law or regulation to which you are subject; (6) you will immediately notify us in the event that you learn or suspect that the contact information you provided to us has been disclosed or otherwise made known to any other person; (7) you will not use our Site in order to gain competitive intelligence about us, our Site, or any product or service offered via our Site or to otherwise compete with us; and (8) your user content does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and constitutes an original work of authorship by you.
Disclaimers
YOUR ACCESS AND USE OF THE SITE IS VOLUNTARY AND IS AT YOUR SOLE RISK. Health Solutions MD DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO THE SITE AND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE, OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SITE. Health Solutions MD DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF THE SITE.
WITHOUT LIMITATION, WE MAKE NO WARRANTY THAT OUR SITE (INCLUDING THE Health Solutions MD CONTENT AND MATERIALS) WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT USING Health Solutions MD PLATFORM, PRODUCTS, OR SERVICES WILL RESULT IN ANY SPECIFIC RESULTS, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY INFORMATION OR CONTENT FOUND ON OUR SITE WILL BE ACCURATE OR RELIABLE, THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF OUR SITE WILL BE CORRECTED, THAT OUR SITE AND ANY CONTENT OR INFORMATION FOUND ON OUR SITE WILL BE VIRUS-FREE, OR THAT THE QUALITY OF ANY INFORMATION, CONTENT, OR OTHER MATERIALS OBTAINED THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS. Health Solutions MD WILL HAVE NO LIABILITY REGARDING ANY LOSS OF DATA.
ANY CONTENT OR OTHER MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SITE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH OUR SITE OR ANY PRODUCT WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL Health Solutions MD, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RESULTING FROM ACCESS TO, THE USE OR LOSS OF USE, OR INABILITY TO USE THIS SITE OR ANY OTHER SITE LINKED TO THIS SITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA, STATEMENT OR CONDUCT OF ANY THIRD PARTY, ANY INFORMATION, SITE, ERRORS, OR OMISSIONS IN THE CONTENT HEREOF, OR ANY OTHER MATTER RELATING TO YOUR USE OF OR ACCESS TO THE SITE. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.
YOU HEREBY RELEASE AND FOREVER WAIVE AND DISCHARGE ANY AND ALL CLAIMS AND LIABILITIES YOU MAY HAVE AGAINST Health Solutions MD FROM ANY AND ALL MATTERS RELATING TO YOUR USE OF THE SITE.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR IF YOU SEEK TO ASSERT ANY CLAIM AGAINST Health Solutions MD ARISING OUT OF OR RELATING TO THE TERMS AND CONDITIONS OF YOUR USE OF THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
IF YOU ARE A CALIFORNIA RESIDENT OR COULD OTHERWISE CLAIM THE PROTECTIONS OF CALIFORNIA LAW, YOU FURTHER EXPRESSLY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND SECTION 1542 OF THE CALIFORNIA CIVIL CODE, AND YOU HEREBY EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER THAT SECTION AND ANY LAW OF ANY JURISDICTION OF SIMILAR EFFECT WITH RESPECT TO YOUR RELEASE OF ANY CLAIMS YOU MAY HAVE AGAINST RELEASED PARTIES.
Entire Agreement
These TOU and any other agreements Health Solutions MD may post on the Site or that you and Health Solutions MD may execute from time to time constitute the entire agreement between Health Solutions MD and you in connection with your use of the Site and supersede any prior agreements between Health Solutions MD and you regarding use of the Site, including prior versions of these TOU.
Governing Law and Jurisdiction
Accessing this Site or use of any of its content or services from locations where such access or use of its content or services is illegal is prohibited. Notwithstanding the laws of the location from which you access the Site, you agree that the statutes and laws of the State of Delaware, notwithstanding any principles of conflicts of law, will apply to all matters relating to the use of the Site. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Delaware, New Castle County, in respect of all matters and disputes arising hereunder and waive any defense of lack of personal jurisdiction in that jurisdiction.
If any part of these TOU are deemed unlawful, void, or unenforceable, such part will be deemed severable and will not affect the validity and enforceability of any remaining provisions
Arbitration
In the event of any dispute between you and Health Solutions MD, you agree that such dispute shall be resolved through arbitration in New York County, New York by the American Health Lawyers Association (“AHLA”) Dispute Resolution Service and conducted pursuant to the applicable AHLA Rules of Procedure for Arbitration (the “Arbitration Rules”). The fees and expenses of any arbitration shall be allocated in accordance with the “Standard Allocation” provisions of the Arbitration Rules. The award of the arbitrator shall be final, binding and conclusive on all parties to the arbitration.
You hereby agree that you understand the consequences of agreeing to binding arbitration under this Section, including giving up any constitutional rights to have the dispute determined by a court of law or by a jury; that discovery of information in arbitration may be limited; and that the arbitration decision will be final and binding, except to the limited extent that judicial review might be available. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS OR THROUGH PARTICIPATION IN A CLASS ACTION OR REPRESENTATIVE ACTION. CLAIMS OR DISPUTES OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.
Equitable Relief
You agree that breach of the provisions of this Agreement would cause irreparable harm and significant injury to us which would be both difficult to ascertain and which would not be compensable by damages alone. As such, you agree that we have the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance, or other equitable relief without prejudice to any other rights and remedies we may have for your breach of this Agreement.
Changes to this Agreement
When we make changes, we will revise the “last modified” date at the bottom of this document. We encourage you to review these TOU periodically. Your continued use of Health Solutions MD constitutes your agreement to the changed TOU.
Assignment
You may not assign, transfer, or sell (voluntarily or by operation of law) your rights or obligations under this Agreement, nor delegate your duties hereunder to any other person, without our prior written consent. Any purported assignment without our consent will be void and will constitute a breach of this Agreement. We may assign this Agreement or delegate or subcontract our obligations under this Agreement at any time.
Survival
The provisions of this Agreement that by their content are intended to survive the expiration or termination of this Agreement, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination, and interpretation of this Agreement, will survive the expiration or termination of this Agreement for their full statutory period.
Contact Us
If you have questions, email info@healthsolutionmd.com.
If you are a patient, our software is provided to you free of charge on behalf of your healthcare provider (“Provider”). If you are a Provider, our software is provided to you subject to these Terms and any other agreements entered into between You and Health Solutions MD.
For patients and Providers, the software is provided in order to:
Allow patients and Providers to utilize the Services and Devices,
Allow patients and providers to access the transmitted data and Health Solutions MD’s wireless, mobile, and web-based management systems and technologies.
NOTE: Medccm inc (dba Health Solutions MD) is not a healthcare provider nor do we provide any healthcare services. We are not a health insurance company and we are not licensed to sell health insurance.
We Do NOT Provide Medical Advice
Our Services provide an online option for Providers and patients to communicate about medical conditions that are not serious or life threatening and do not present an emergency. It is NOT intended for use in connection with active patient monitoring to allow immediate clinical action or continuous monitoring by a health care provider or the patient.
THE SERVICES CANNOT AND ARE NOT DESIGNED, INTENDED OR APPROPRIATE TO REPLACE THE PROVIDER-PATIENT RELATIONSHIP OR TO ADDRESS SERIOUS, EMERGENCY, OR LIFE-THREATENING MEDICAL CONDITIONS AND SHOULD NOT BE USED IN THOSE CIRCUMSTANCES. PATIENTS SHOULD ALWAYS TALK TO THEIR HEALTHCARE PROVIDER(S) FOR DIAGNOSIS AND TREATMENT, INCLUDING INFORMATION REGARDING WHICH DRUGS, THERAPY, OR OTHER TREATMENT MAY BE APPROPRIATE FOR THEM.
Medccm, Inc. operating under the trade name of Health Solutions MD (“Health Solutions MD”) is not liable in any way, to patients or to Providers, for any malpractice or substandard treatment a Provider provides. You are using the Services at your own risk.
Patients: If at any time you are concerned about your care or the treatment, or you believe or someone else advises you that you have a serious or life-threatening condition, call 9-1-1 immediately in areas where that service is available, or go to the nearest open clinic or emergency room.
Your Provider will base their medical advice on the personal health data you provide through the Services and the data transmitted from your Devices. If you do not provide complete and accurate personal health data, the medical advice you receive may not be correct. Any content provided or accessed through the Services, including without limitation information provided by Health Solutions MD’s staff in response to questions you may submit through the Services, is for informational purposes only, and is not intended to cover all possible uses, directions, precautions, drug interactions, or adverse effects. Please consult your doctor or other qualified health care provider if you have any questions about a medical condition, or before taking any drug, changing your diet, or commencing or discontinuing any course of treatment. Never disregard, avoid, or delay in obtaining medical advice from a doctor or other qualified healthcare provider because of something posted on our Services.
Medccm, Inc. operating under the trade name of Health Solutions MD (“Health Solutions MD”) DOES NOT ENDORSE OR RECOMMEND ANY PROVIDER, AND WE DO NOT CONFIRM THE CREDENTIALS OF ANY PROVIDERS. WE DO NOT CONTROL THE MEDICAL ADVICE THE PROVIDER GIVES, AND WE DO NOT HAVE ACCESS TO OR USE ANY OF THAT ADVICE. IT IS YOUR RESPONSIBILITY TO SEPARATELY CONFIRM THAT A HEALTHCARE PROVIDER IS PROPERLY LICENSED.1.0 REGISTRATION; TERM OF REGISTRATION1.1. Registration through the Application
You must be a registered user with Health Solutions MD in order to use the Application. You may register through the Application or through the Website. By submitting the information requested in the Application’s online registration form, You may access and use the Application and Website to view certain data pertaining to You as made available by Health Solutions MD. You may not access or use the Application or Website for any other purpose.
By registering for an account, you represent and warrant:
Your registration data is true, accurate, current, and complete;
You will update your registration as needed data to make sure it is accurate;
You meet all of the Eligibility requirements set forth below; and
You are authorized to create an account (either for yourself or on behalf of another person)DO NOT USE THE SERVICES WHERE PROHIBITED BY LAW. YOU UNDERSTAND THAT YOUR USE OF THE SERVICES MAY INVOLVE OR REQUIRE THE TRANSMISSION OF SIGNIFICANT AMOUNTS OF DATA. YOU ARE RESPONSIBLE FOR ALL DATA CHARGES THAT MAY BE CHARGED BY YOUR WIRELESS CARRIER OR INTERNET SERVICE PROVIDER OR THAT MAY OTHERWISE ARISE FROM YOUR USE OF THE SERVICES.
Disclaimers
Health Solutions MD is neither a prescriber nor a healthcare provider. All medications are prescribed by independent medical provider’s/physician’s. Health Solutions MD does not employ physicians nor exercise judgment over clinical protocols or programs – Health Solutions MD is a software platform that connects independent physicians to patients seeking care. Health Solutions MD does not guarantee treatment and does not influence clinical decision making.
Results may not be typical. Semaglutide facilitates weight loss by helping people eat less and reduce their calorie intake in long clinical studies,that have proven this to be a real FDA approved solution. In trials of overweight individuals, those in the peptide for weight loss, Semaglutide group saw 15-18% weight loss in just over one year. One doctor, a coauthor of the first trial, shared that no other drug has come close to producing this level of weight loss and fat burning results. Average timelines are 12-18 months required for this level of weight-loss based on clinical study timeframes. Heavier patients may be able to lose more weight depending on lifestyle adjustments. Please speak with your physician to learn more.
Many members reach their weight loss goals without dieting or exercising, while others do diet and/or exercise. Discuss your weight loss goals with a physician to learn more.
Health Solutions MD may use paid actors in before and after videos, images, testimonials, advertisements, and other content. These individuals may have lost weight on previous programs and many were offered the ability to partake in a Health Solutions MD weight loss program.
Weight loss programs are 12 month minimum contracts after your first month. The first month and $99 fee covers your initial doctor’s visit and prescription(Insurance package). Medication would be billed through insurance with the insurance package. Additional copays, coinsurance, and deductibles may apply. Program cost billed every 4 weeks.
Our GLP-1 Weight loss package without insurance includes the cost of initial doctor’s visit, prescription, and medication.
Health Solutions MD sources its prescription medication from licensed 503a compounding pharmacies. Clients also have the option to select an alternate compounding pharmacy.
If you’d like to know the specific pharmacy that will be used to fill your prescription, ask your clinician during your initial consultation or reach out to your Guide.
Notice of Privacy Practices
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
Health Solutions MD and its one or more affiliated professional entities are committed to protecting the confidentiality of patients’ medical information. This Notice of Privacy Practices (“Notice”) describes how we may use and disclose your medical information and your rights concerning your medical information. This Notice is provided to you pursuant to the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (“HIPAA”).
OUR RESPONSIBILITIES
We are required to (i) maintain the privacy of your medical information as required by law; (ii) provide you with this Notice stating our legal duties and privacy practices with respect to your medical information; (iii) abide by the terms of this Notice; and (iv) notify you following a breach of your medical information that is not secured in accordance with certain security standards.
We reserve the right to change the terms of this Notice and to make the provisions of the new Notice effective for all medical information that we maintain. If we change the terms of this Notice, the revised Notice will be made available upon request and posted at our office. Copies of the current Notice may be obtained by contacting our Privacy Officer
USES AND DISCLOSURES WITHOUT YOUR AUTHORIZATION
The following categories describe different ways that we use and disclose medical information. For each category of uses or disclosures, we will explain what we mean and try to give an example. Not every use or disclosure in a category is listed. However, all of the ways we are permitted to use and disclose medical information fall within one of the categories.
Treatment: We may use and disclose your medical information to provide, coordinate and/or manage your treatment, health care, or, other related services. For example, we may disclose medical information about you to your primary care doctor or another provider who is involved in your care. We may also use your medical information to remind you about an upcoming appointment.
Payment: We may use and disclose your medical information as needed to bill or obtain payment for the treatment and services provided. For example, we may contact your health plan to determine whether it will authorize payment for our services or to determine the amount of your co-payment or co-insurance.
Health Care Operations: We may use or disclose your medical information in order to carry out our general business activities or certain business activities. These activities include, but are not limited to, training and education; quality assessment/improvement activities; risk management; claims management; legal consultation; licensing; and other business planning activities. For example, we may use your medical information to evaluate the quality of care we are providing.
Family and Friends: We may disclose your medical information to a family member or friend who is involved in your medical care or to someone who helps pay for your care. We may also use or disclose your medical information to notify (or assist in notifying) a family member, legally authorized representative or other person responsible for your care of your location, general condition or death. If you are a minor, we may release your medical information to your parents or legal guardians when we are permitted or required to do so under federal and applicable state law.
Third Parties: We may disclose your medical information to third parties with whom we contract to perform services on our behalf. If we disclose your information to these entities, we will have an agreement with them to safeguard your information. Examples of these third parties include, but are not limited to, accreditation agencies, management consultants, quality assurance reviewers, collection agencies, transcription services, etc.
Required by Law: We may use or disclose your medical information to the extent the use or disclosure is required by law. Any such use or disclosure will be made in compliance with the law and will be limited to what is required by the law.
Public Health Activities: We may disclose your medical information for public health activities. These activities generally include the following:
- To prevent or control disease, injury or disability
- To report child abuse or neglect
- To report reactions to medications or problems with products
- To notify people of recalls of products they may be using
- To notify a person who may have been exposed to a disease or may be at risk for contracting or spreading a disease or condition
- To notify the appropriate government authority if we believe you have been the victim of abuse, neglect or domestic violence. We will only make this disclosure if you agree or when otherwise required by law to the make the disclosure.
Health Oversight Activities: We may disclose your medical information to a health oversight agency for activities authorized by law. These oversight activities include, for example, audits; investigations, proceedings or actions; inspections; and disciplinary actions; or other activities necessary for appropriate oversight of the health care system, government programs and compliance with applicable laws.
Law Enforcement: We may disclose your medical information to law enforcement in very limited circumstances, such as to identify or locate suspects, fugitives, witnesses or victims of a crime, to report deaths from a crime, and to report crimes that occur on our premises.
Judicial and Administrative Proceedings: We may disclose information about you in response to an order of a court or administrative tribunal as expressly authorized by such order.
To Avert a Serious Threat to Health or Safety: We may use or disclose your medical information when necessary to prevent a serious and imminent threat to your health or safety or the health and safety of the public or another person. Any disclosure would only be to someone able to help prevent the threat of harm.
Disaster Relief Efforts: We may use or disclose your medical information to an authorized public or private entity to assist in disaster relief efforts. You may have the opportunity to object unless it would impede our ability to respond to emergency circumstances.
Coroners, Medical Examiners and Funeral Directors: We may disclose medical information consistent with applicable law to coroners, medical examiners and funeral directors only to the extent necessary to assist them in carrying out their duties.
Organ and Tissue Donation: We may disclose medical information consistent with applicable law to organizations that handle organ, eye or tissue donation or transplantation, only to the extent necessary to help facilitate organ or tissue donation or transplantation.
Research: Under certain circumstances, we may also use and disclose information about you for research purposes. All research projects are subject to a special approval process through an appropriate committee.
Workers’ Compensation: We may disclose your medical information as authorized by law to comply with workers’ compensation laws and other similar programs established by law.
Military, Veterans, National Security and Other Government Purposes: If you are a member of the armed forces, we may release your medical information as required by military command authorities or to the Department of Veterans Affairs. We may also disclose your medical information to authorized federal officials for intelligence and national security purposes to the extent authorized by law.
Correctional Institutions: If you are or become an inmate of a correctional institution or are in the custody of a law enforcement official, we may disclose to the institution or law enforcement official information necessary for the provision of health services to you, your health and safety, the health and safety of other individuals and law enforcement on the premises of the institution and the administration and maintenance of the safety, security and good order of the institution.
OTHER USES AND DISCLOSURES REQUIRE YOUR AUTHORIZATION
If we wish to use or disclose your medical information for a purpose not set forth in this Notice, we will seek your authorization. Specific examples of uses and disclosures of medical information requiring your authorization include: (i) most uses and disclosures of your medical information for marketing purposes; (ii) disclosures of your medical information that constitute the sale of your medical information; and (iii) most uses and disclosures of psychotherapy notes (private notes of a mental health professional kept separately from a medical record). You may revoke an authorization in writing at any time, except to the extent that we have already taken action in reliance on your authorization.
YOUR MEDICAL INFORMATION RIGHTS
Inspect and/or obtain a copy of your medical information. You have the right to inspect and/or obtain a copy of your medical information maintained in a designated record set. If we maintain your medical information electronically, you may obtain an electronic copy of the information or ask us to send it to a person or organization that you identify. To request to inspect and/or obtain a copy of your medical information, you must submit a written request to our Privacy Officer. If you request a copy (paper or electronic) of your medical information, we may charge you a reasonable, cost-based fee.
Request a restriction on certain uses and disclosures of your medical information. You have the right to ask us not to use or disclose any part of your medical information for purposes of treatment, payment or health care operations. While we will consider your request, we are only required to agree to restrict a disclosure to your health plan for purposes of payment or health care operations (but not for treatment) if the information applies solely to a health care item or service for which we have been paid out of pocket in full. If we agree to a restriction, we will not use or disclose your medical information in violation of that restriction unless it is needed to provide emergency treatment. We will not agree to restrictions on medical information uses or disclosures that are legally required or necessary to administer our business. To request a restriction, you must submit a written request to our Privacy Officer.
Request confidential communications. You have the right to request that we communicate with you in a certain way or at a certain location. For example, you can ask that we only contact you at work or by mail. To request a confidential communication of your medical information, you must submit a written request to our Privacy Officer stating how or when you would like to be contacted. We will not require you to provide an explanation for your request. We will accommodate all reasonable requests.
Request an amendment to your medical information. If you believe that any information in your medical record is incorrect or if you believe important information is missing, you may request that we amend the existing information. To request such an amendment, you must submit a written request to our Privacy Officer.
Request an accounting of certain disclosures. You have the right to receive an accounting of certain disclosures we have made of your medical information. To request an accounting, you must submit a written request to our Privacy Officer. The first accounting you request within a 12-month period will be provided free of charge. We may charge you for any additional requests in that same 12-month period.
Obtain a paper copy of this Notice. You have the right to obtain a paper copy of this Notice upon request, even if you agreed to accept this Notice electronically. To obtain a paper copy of this Notice, contact our Privacy Officer.
STATE LAW
We will not use or share your information if state law prohibits it. Some states have laws that are stricter than the federal privacy regulations, such as laws protecting HIV/AIDS information or mental health information. If a state law applies to us and is stricter or places limits on the ways we can use or share your health information, we will follow the state law. If you would like to know more about any applicable state laws, please ask our Privacy Officer.
QUESTIONS, CONCERNS OR COMPLAINTS
If you have any questions or want more information about this Notice or how to exercise your medical information rights, you may contact us at: info@healthsolutionmd.com.
Where does Health Solutions MD source its prescription medication?
Health Solutions MD sources its prescription medication from licensed 503a compounding pharmacies. We typically use the compounding pharmacies listed below, and the specific pharmacy we use depends on the state where the client is located. Clients also have the option to select an alternate compounding pharmacy.
- Precision Compounding Pharmacy – 2657 Merrick Road, Bellmore, NY 11710 (P: 516-833-6262)
If you’d like to know the specific pharmacy that will be used to fill your prescription, ask your clinician during your initial consultation or reach out to your Guide.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY CLICKING “ACCEPT” OR ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE SERVICE. BY ACCEPTING THESE TERMS OR BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE Health Solutions MD PRIVACY POLICY (TOGETHER, THE “TERMS”).
By continuing to use the Services, you agree as follows:
Any information that We collect through your use of the Services is subject to the Health Solutions MD Privacy Policy (https://insert link privacy policy), which is part of these Terms of Use.
You are at least 18 years old;
You understand and intend that this Agreement is a legally binding agreement and the equivalent of a signed, written contract;
You will use the Services in a manner consistent with applicable laws and regulations and these Terms of Use, as they may be amended by Health Solutions MD from time to time; and
You understand, accept, and have received these Terms, and acknowledge and demonstrate that you can access these Terms at will
.IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. DO NOT LOG IN TO THE SYSTEM AND IMMEDIATELY DELETE ALL INSTALLED FILES, IF ANY, OF THE ACCOMPANYING SERVICES AND MATERIALS FROM YOUR COMPUTER OR MOBILE DEVICE. THE APPLICATION IS INTENDED TO BE USED AS A PART OF A PHYSICAL ASSESSMENT OR MONITORING OF A PATIENT BY HEALTHCARE PROFESSIONALS FOR DIAGNOSTIC DECISION SUPPORT.ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND Health Solutions MD WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU CAN OPT OUT OF THE AGREEMENT TO ARBITRATE BY CONTACTING info@healthsolutionmd.com WITHIN 30 DAYS OF ACCEPTING THESE TERMS.
Terms of Use
Thank you for choosing to use Health Solutions MD’s Services and device(s) (“Devices”)! These Terms of Use are a legal contract between You (“you/your” or “User”) and Medccm, Inc (dba Health Solutions MD). and govern your use of the Services and all of the text, data, information, software, graphics, photographs, functionality, and more (all of which We refer to as “Materials”) that We may make available to You through the software. The Service is owned by Medccm, Inc. and its subsidiaries or affiliates involved in providing and supporting the Services (collectively, “We”, “Us” or “Health Solutions MD”). The Website and the Application are all referred to as the “Services” in these Terms.
PLEASE READ THESE TERMS AND OUR PRIVACY POLICY CAREFULLY BEFORE YOU CREATE AN ACCOUNT TO USE THE SERVICES. BY CREATING AN ACCOUNT TO USE THE SERVICES, YOU AGREE THAT YOU HAVE READ, AND AGREE TO BE BOUND BY, THE TERMS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT CREATE AN ACCOUNT.
Purpose of the Services
If you are a patient, our software is provided to you free of charge on behalf of your healthcare provider (“Provider”). If you are a Provider, our software is provided to you subject to these Terms and any other agreements entered into between You and Health Solutions MD.
For patients and Providers, the software is provided in order to:
Allow patients and Providers to utilize the Services and Devices,
Allow patients and providers to access the transmitted data and Health Solutions MD’s wireless, mobile, and web-based management systems and technologies.
NOTE: Medccm inc (dba Health Solutions MD) is not a healthcare provider nor do we provide any healthcare services. We are not a health insurance company and we are not licensed to sell health insurance.
We Do NOT Provide Medical Advice
Our Services provide an online option for Providers and patients to communicate about medical conditions that are not serious or life threatening and do not present an emergency. It is NOT intended for use in connection with active patient monitoring to allow immediate clinical action or continuous monitoring by a health care provider or the patient.
THE SERVICES CANNOT AND ARE NOT DESIGNED, INTENDED OR APPROPRIATE TO REPLACE THE PROVIDER-PATIENT RELATIONSHIP OR TO ADDRESS SERIOUS, EMERGENCY, OR LIFE-THREATENING MEDICAL CONDITIONS AND SHOULD NOT BE USED IN THOSE CIRCUMSTANCES. PATIENTS SHOULD ALWAYS TALK TO THEIR HEALTHCARE PROVIDER(S) FOR DIAGNOSIS AND TREATMENT, INCLUDING INFORMATION REGARDING WHICH DRUGS, THERAPY, OR OTHER TREATMENT MAY BE APPROPRIATE FOR THEM.
Medccm, Inc. operating under the trade name of Health Solutions MD (“Health Solutions MD”) is not liable in any way, to patients or to Providers, for any malpractice or substandard treatment a Provider provides. You are using the Services at your own risk.
Patients: If at any time you are concerned about your care or the treatment, or you believe or someone else advises you that you have a serious or life-threatening condition, call 9-1-1 immediately in areas where that service is available, or go to the nearest open clinic or emergency room.
Your Provider will base their medical advice on the personal health data you provide through the Services and the data transmitted from your Devices. If you do not provide complete and accurate personal health data, the medical advice you receive may not be correct. Any content provided or accessed through the Services, including without limitation information provided by Health Solutions MD’s staff in response to questions you may submit through the Services, is for informational purposes only, and is not intended to cover all possible uses, directions, precautions, drug interactions, or adverse effects. Please consult your doctor or other qualified health care provider if you have any questions about a medical condition, or before taking any drug, changing your diet, or commencing or discontinuing any course of treatment. Never disregard, avoid, or delay in obtaining medical advice from a doctor or other qualified healthcare provider because of something posted on our Services.
Medccm, Inc. operating under the trade name of Health Solutions MD (“Health Solutions MD”) DOES NOT ENDORSE OR RECOMMEND ANY PROVIDER, AND WE DO NOT CONFIRM THE CREDENTIALS OF ANY PROVIDERS. WE DO NOT CONTROL THE MEDICAL ADVICE THE PROVIDER GIVES, AND WE DO NOT HAVE ACCESS TO OR USE ANY OF THAT ADVICE. IT IS YOUR RESPONSIBILITY TO SEPARATELY CONFIRM THAT A HEALTHCARE PROVIDER IS PROPERLY LICENSED.1.0 REGISTRATION; TERM OF REGISTRATION1.1. Registration through the Application
You must be a registered user with Health Solutions MD in order to use the Application. You may register through the Application or through the Website. By submitting the information requested in the Application’s online registration form, You may access and use the Application and Website to view certain data pertaining to You as made available by Health Solutions MD. You may not access or use the Application or Website for any other purpose.
By registering for an account, you represent and warrant:
Your registration data is true, accurate, current, and complete;
You will update your registration as needed data to make sure it is accurate;
You meet all of the Eligibility requirements set forth below; and
You are authorized to create an account (either for yourself or on behalf of another person)DO NOT USE THE SERVICES WHERE PROHIBITED BY LAW. YOU UNDERSTAND THAT YOUR USE OF THE SERVICES MAY INVOLVE OR REQUIRE THE TRANSMISSION OF SIGNIFICANT AMOUNTS OF DATA. YOU ARE RESPONSIBLE FOR ALL DATA CHARGES THAT MAY BE CHARGED BY YOUR WIRELESS CARRIER OR INTERNET SERVICE PROVIDER OR THAT MAY OTHERWISE ARISE FROM YOUR USE OF THE SERVICES.
1.2. Term of Your registration
The term of Your registration will commence as of the date You complete Your online registration form (“Registration Date”) and, unless earlier terminated in accordance with these Terms will continue in perpetuity (“Term”). Notwithstanding the foregoing, Your registration may automatically expire following any period of inactivity associated with Your account in excess of twelve (12) consecutive months.
1.3 Eligibility
You must be at least 18 years of age to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years of age; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with all applicable laws and regulations in your local jurisdiction. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
1.4. Notices
All notices from Health Solutions MD intended for receipt by You shall be deemed delivered and effective when sent to the email address provided by You during the registration process or as otherwise provided in these Terms or our Privacy Policy (https://insert provacyb poliy link )(in either case, “Notice”). If You change your email address, you must update Your account information.
1.5 Keeping your Information Secure
You need to provide Health Solutions MD with a valid, working e-mail address to access and use the Services. When you register, you will create a password for your account. Your e-mail address and password and any codes assigned to you are your “User Information.” When you create an account with us, you guarantee that the information you provide is accurate, complete, and current.
You MUST:(A) Keep your User Information private,(B) Do not allow another person to use your User Information to access the Services, and(C) Do not allow another person to use your Device(s).To protect your confidential healthcare information, it is good practice to enable touch ID, fingerprint ID, Face ID, and/or a passcode on your smartphone.
If you do not do the above and Health Solutions MD suffers damages as a result, you will be responsible for all of those damages. You agree to immediately notify Health Solutions MD in writing by email of any unauthorized use of your User Information or any other breach of security.
All of your communications using the Services can and will be monitored, captured, recorded, and transmitted to government authorities if we decide it is necessary, and we do not have to notify you.
2.0 MODIFICATIONS TO THE APPLICATION / TERMS
2.1. We Have the Right to Change These Terms
We may, at any time, modify, discontinue or terminate the Services or modify these Terms, without prior notice to you. If we modify these Terms, we will post the changes on our website or Application. If you continue to use the Services after we have let you know about the changes, you agree to be bound by the modified Terms. If the changes are not acceptable to you, you should immediately stop using the Services.
Some features of the Services may be subject to different terms and conditions. If you use those features, you agree to be bound by the additional terms of use applicable to such features. If any such additional terms conflict with these Terms, the additional terms will govern with respect to such features.
3.0 YOUR USE OF THE SERVICES
4.1.Generally
You shall use the Application and Website in strict compliance with (1) these Terms; (2) any additional applicable instructions, guidelines or policies issued by Health Solutions MD, including those posted within the Application or on the Website; and (3) all applicable laws, rules and regulations (collectively, “Laws”).4.2 Use Prohibitions
You agree to use the Website and Application only for their intended purpose. You must use the Website and Application in compliance with all privacy, data protection, intellectual property, and other applicable laws.
While using the Services, you shall not:
(A) Post, upload, publish, submit, transmit or otherwise make available any content that you do not have a right to make available;
(B) Use, display, mirror or frame the Services, or any individual element within the Services, Health Solutions MD or Health Solutions MD’s name, any Health Solutions MD trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Health Solutions MD’s express written consent;
(C) Access, tamper with, or use non-public areas of the Services, Health Solutions MD’s computer systems, or the technical delivery systems of Health Solutions MD’s service providers;
(D) Attempt to probe, scan, or test the vulnerability of any Health Solutions MD system or network or breach any security or authentication measures;
(E) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Health Solutions MD or any third party to protect the Services;
(F) Attempt to access or search the Services or download materials from the Services through the use of any engine, software, tool, agent, device, or mechanism (including scripts, bots, spiders, scrapers, crawlers, data mining tools or the like) other than the software and/or search agents provided by Health Solutions MD or other generally available third party web browsers;
(G) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
(H) Use any meta tags or other hidden text or metadata utilizing an Health Solutions MD trademark, logo, URL, or product name without Health Solutions MD’s express written consent;
(I) Use the Services or materials for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
(J) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or materials to send altered, deceptive or false source-identifying information;
(K) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or materials;
(L) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
(M) Collect or store any personally identifiable information (not your own) from the Services;
(N) Impersonate or misrepresent your affiliation with any person or entity;
(O) Violate any applicable law or regulation; or
(P) Encourage or enable any other individual to do any of the above.
We may investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. Other than monitoring your healthcare vitals, we have no obligation to monitor your access to the Services, however, we may do so for the purpose of operating the Services to ensure your compliance with these Terms and the Privacy Policy, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Health Solutions MD reserves the right to, at any time and without prior notice, remove or disable access to any of its materials that We decide is in violation of these Terms, the Privacy Policy, or otherwise harmful to the Services.
4.3 Computer Equipment; Browser Access and Internet Services
With the exception of the Devices provided to you, you are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment (collectively, “Systems”) necessary for you to access and use the Services. This includes, without limitation, obtaining internet services, using up to date web-browsers and the best commercially available encryption, antivirus, anti-spyware, and internet security software. There are always certain security and access availability risks associated with using open networks such as the Internet, and you expressly assume such risks. You are responsible for the data security of the Systems used to access the Services and for the transmission and receipt of information using such Systems. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or your System.
5.0 INTELLECTUAL PROPERTY RIGHTS; RESTRICTIONS ON USE
5.1. Ownership of the Services and Related Data
The Services and all materials on the Services are owned or licensed by Health Solutions MD. We grant to you, for your personal purposes only, a nonexclusive, limited, and revocable right to access and use the Services during the term of this agreement, so long as you comply with these Terms. You agree not to use the Services for any other purpose, including commercial purposes, such as co-branding, framing, linking, or reselling any portion of the Services without our prior written consent.
You may access, download or print the materials available through the Services for non-commercial purposes and solely within the scope allowable by these Terms. You may not use the materials for any other purpose without our express written permission. Any unauthorized use of words or images from the Services may violate copyright laws, trademark laws, laws of privacy and publicity, and civil and criminal statutes
You may not use Health Solutions MD’s name, trademarks, service marks or logos or those of third parties appearing on the Services in any advertising or publicity, or otherwise to indicate Health Solutions MD’s or such third party’s sponsorship of or affiliation with any product or service without express written permission of Health Solutions MD or such third party.
You own your Personal Information and any other content that you post on or through the Services. For Us to provide you with the Services, you grant to Health Solutions MD a perpetual, non-exclusive, fully paid and royalty-free, transferable, sublicensable, worldwide license to use your content solely for the purpose of providing the Services. You also agree to allow Health Solutions MD to de-identify and anonymize your content, including without limitation, your personal health information, and to use or disclose such de-identified information for purposes of Health Solutions MD’s management, operations, or administration of its business and the Services, as further described in the Privacy Policy (https://insrt /privacy-policy).
5.2 User Content & Copyright Policy
By creating, posting, or sharing data, sound, and images on or through the Website or Application (“Your User Content”), and subject to the Privacy Notice, you grant Health Solutions MD a perpetual, irrevocable, worldwide, non-exclusive, sub-licensable, royalty-free, fully paid up, transferable license to reproduce, distribute, publicly display, publicly perform, create derivative works of, and otherwise use and modify Your User Content for the purposes of providing and enhancing the Website, Application, or other Health Solutions MD products and services. We may also create anonymized data and images from Your User Content, and such data and images will no longer be Your User Content. You waive any rights you may have regarding Your User Content being altered or manipulated in any way that may be objectionable to you. This license will terminate after you stop using the Website and Application. Health Solutions MD reserves the right to refuse to accept, post, display, or transmit any of Your User Content in its sole discretion.
You represent and warrant that: (i) you own the content posted by you on or through the Website or Application or otherwise have the right to grant the license set forth in these Terms, (ii) the posting and use of Your User Content on or through the Website or Application does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of Your User Content on the Website or Application does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through the Website or Application. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.
Health Solutions MD may review and remove Your User Content at any time for any reason, including for activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Website or Application.
Copyright Policy
Health Solutions MD respects copyright law and expects its users to do the same. It is Health Solutions MD’s policy to terminate, in appropriate circumstances, Users or other account holders who are believed to have infringed the rights of copyright holders.
Digital Millennium Copyright Act (DMCA) Notifications for intellectual property infringement.
If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears in our Services, please provide Health Solutions MD’s designated agent (listed below) the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled via the Application, and information reasonably sufficient to permit Health Solutions MD to locate such material.
Information reasonably sufficient to permit Health Solutions MD to contact you as the complaining party, such as an address, telephone number, and, if available, an email address at which you may be contacted.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is \Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs and attorneys’ fees.
Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to Health Solutions MD designated agent that includes all of the following information:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Health Solutions MD may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
Health Solutions MD reserves the right, in its sole discretion, to terminate the account or access of any User of our Application who is the subject of repeated DMCA or other infringement notifications.
Please note that this procedure is exclusively for notifying Health Solutions MD and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Health Solutions MD’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
We may give notice of a claim of copyright infringement to our users by means of a general notice on our Website, electronic mail to a User’s email address in our records, or by written communication sent by first-class mail to a User’s address in our records, as determined in our sole discretion. In accordance with the DMCA and other applicable law, Health Solutions MD has adopted a policy of terminating, in appropriate circumstances and at Health Solutions MD’s sole discretion, members who are deemed to be repeat infringers. Health Solutions MD may also at its sole discretion limit access to the Website and Services and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.6.0 PRIVACY NOTICE
6.1. Privacy Notice
Health Solutions MD respects the information you provide to us. Please see our Privacy Policy (insert privacy) for an explanation of how we collect and handle your personal information that is not subject to HIPAA, the Health Insurance Portability and Accountability Act, which is the primary federal law governing health privacy. By clicking on the “I Agree” or “I Accept” button, accessing or using the Services, or by downloading or uploading any content from or through the Services, you acknowledge and agree to the provisions of the Privacy Policy and affirm that the Privacy Policy is a part of these Terms.
By using the Services and accepting these Terms, you acknowledge that Health Solutions MD will share your Personal Information collected by the Services with your Provider, and may share it with other third parties for those purposes described in the Privacy Policy.
We are not responsible for nor liable to you or any third party for a healthcare provider’s treatment of Personal Information, including any collection, use, disclosure, storage, loss, theft or misuse of your Personal Information, whether or not such treatment violates applicable law or the Provider’s Notice of Privacy Practices.
7.0 SUSPENSION AND TERMINATION
7.1 Suspension and Termination
If you breach any of these Terms, we may suspend or disable your account or terminate your access to the Services, without prior notice to you. There may be other instances where We may need to terminate your access to the Services that are not related to any of your actions or inactions. We reserve the right to terminate your access to and use of the Services and materials at any time, with or without cause.
7.4. Effect of Termination
If We or You terminate your access to the Services: (i) You will no longer be authorized to access or use the Application or Website or otherwise use any of the features or services offered by or through the Application or Website; and (ii) Health Solutions MD may delete any data associated with You or Your account.
8.0 REPRESENTATIONS, COVENANTS AND WARRANTIES
8.1. Warranty Disclaimers
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE WEBSITE AND APPLICATION IS AT YOUR SOLE RISK, AND THE WEBSITE AND APPLICATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OR EXPRESSLY STATED ELSEWHERE BY Health Solutions MD, Health Solutions MD MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING (1) THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT OR RESULTS TO BE DERIVED FROM THE USE OF THE APPLICATION, WEBSITE OR ANY DATA SERVICE, SOFTWARE, HARDWARE, DELIVERABLE, WORK PRODUCT OR OTHER MATERIALS RELATED TO THE APPLICATION OR WEBSITE, OR THE AVAILABILITY OF ANY OF THE FOREGOING; OR (2) WHETHER THE INFORMATION AVAILABLE ON OR TRANSMITTED BY THE APPLICATION OR WEBSITE IS TRUE, COMPLETE OR ACCURATE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT Health Solutions MD IS NOT RESPONSIBLE FOR ANY HEALTHCARE OR RELATED DECISIONS MADE BY YOU OR YOUR HEALTHCARE PROFESSIONAL BASED UPON DATA COLLECTED, TRANSMITTED OR DISPLAYED BY OR ON THE APPLICATION OR WEBSITE, WHETHER SUCH DATA IS ACCURATE OR INACCURATE. FURTHER, Health Solutions MD DOES NOT REPRESENT, COVENANT OR WARRANT THAT ACCESS TO OR SERVICES PROVIDED BY THE APPLICATION OR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS INHERENT TO TRANSMITTING INFORMATION OVER AND STORING INFORMATION ON THE INTERNET AND THAT Health Solutions MD IS NOT RESPONSIBLE FOR ANY LOSSES OF YOUR DATA, CONFIDENTIALITY OR PRIVACY IN CONNECTION THEREWITH.
9.0 LIABILITY
9.1. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER Health Solutions MD NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR MATERIALS SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RESULTING FROM YOUR USE OF THE APPLICATION OR WEBSITE, OR BASED UPON ANY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT (INCLUDING THESE TERMS AND ANY ADDITIONAL INSTRUCTIONS, GUIDELINES OR POLICIES ISSUED BY Health Solutions MD, INCLUDING THOSE POSTED IN THE APPLICATION OR ON THE WEBSITE), NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY (COLLECTIVELY, THE “EXCLUDED DAMAGES”). FOR THE AVOIDANCE OF DOUBT, THE EXCLUDED DAMAGES ALSO INCLUDE WITHOUT LIMITATION, LOSS OF SAVINGS OR REVENUE; LOSS OF PROFIT; LOSS OF USE; LOSS OF LIFE OR HEALTH, THE CLAIMS OF THIRD PARTIES; AND ANY COST OF ANY SUBSTITUTE EQUIPMENT OR SERVICES.IF YOU ARE NOT SATISFIED WITH THE SERVICES, THE MATERIALS, OR THE TERMS, YOU SHOULD DISCONTINUE USING THEM – THIS IS YOUR ONLY REMEDY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, Health Solutions MD’s LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00. YOU MUST BRING ANY CLAIM ARISING FROM THE USAGE OF THE SERVICES OR MATERIALS WITHIN ONE (1) YEAR OF THE EVENT FROM WHICH THE CLAIM AROSE.
9.2. Remedies
At its option, Health Solutions MD may seek all remedies available to it under law and in equity, including injunctive relief in the form of specific performance to enforce these Terms, including any additional instructions, guidelines or policies issued by Health Solutions MD, including those posted in the Application or on the Website, and/or actions for damages.
10.0 INDEMNITIES
10.1. Indemnity by You
You agree to indemnify, defend and hold harmless Health Solutions MD, its clients, and its suppliers and their respective affiliates, employees, officers, directors, agents, servants and representatives of each from any liability, loss, claim, suit, damage, and expense (including reasonable attorneys’ fees and expenses) arising out of or in any way connected with your access to or use of the Services or Health Solutions MD’s materials, your violation of these Terms, or any negligent or wrongful conduct by you or related to your account by you or any other person accessing the Services or Health Solutions MD materials through your account.
11.0 DISPUTE RESOLUTION
11.1. Disputes
If you or Health Solutions MD has any dispute regarding these Terms, including but not limited to any alleged breach of these Terms, the parties will submit the dispute to binding arbitration in New York before a single arbitrator, in accordance with rules and procedures of the American Arbitration Association. The arbitrator may, but does not have to, award legal fees, arbitrator’s fees and costs and other costs incurred by the party that does not win the dispute. Any arbitration will be strictly confidential and neither party will disclose to any person (other than necessary to carry out the arbitration) the existence of the dispute or any aspect of the dispute.
11.2. Governing Law
To the fullest extent permitted pursuant to applicable law, these Terms are governed by the laws of the State of New York without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and Health Solutions MD agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Westchester County, New York for the purpose of litigating any dispute. If you are a consumer located in the EU, such jurisdiction of the Westchester County courts will be non-exclusive.
12.0 GENERAL12.1. General Legal Provisions
If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the remaining provisions of the Agreement remain in full force, provided that the essential terms and conditions of this Agreement remain valid, binding and enforceable and the economic and legal substance of the transactions contemplated by the Agreement are materially preserved.
The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations.
Nothing in this agreement creates an agency, partnership, or joint venture. Failure to enforce any provision will not constitute a waiver of that provision.12.2 Assignment
You may not assign these Terms (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Health Solutions MD, which may be withheld at Health Solutions MD’s sole discretion. Any attempted assignment by You that does not comply with the terms of this Section shall be null and void. Health Solutions MD may assign these Terms and Conditions, in whole or in part, to any third party in its sole discretion.12.3. Contact
The Service is offered by Health Solutions MD. You may contact us by emailing us at insert email
Health Solutions MD,
353 West 48 St, ste 450
New York, NY 10036
HIPAA NOTICE
“We,” “us,” and “our” refers to, and this Notice applies to, medical groups that provide healthcare services. These medical groups, including but not limited to MD Integrations, may employ or contract with physicians who offer certain healthcare services.
Your Rights for Use and Disclosure of your PHI
You have the right to request a copy of your records.
You have the right to request confidential communications. Ask us to contact you in a specific way (for example, home or office phone) or to send mail to a different address.
Restriction request. We reserve the right to decline such requests unless the requested restriction involves disclosure to a health plan and you have paid for the services out of pocket.
You have the right to request access for a trusted party. If you have given someone medical power of attorney or if someone is your legal guardian, that person can exercise your rights and make choices about your health information.
You have the right to request a list of those with whom we’ve shared information. Ask us for a list (accounting) of the times we’ve shared your health information for six years prior to the date you ask, who we shared it with, and why. This request has to be presented in writing.
Access to Your PHI. You can access and inspect paper or electronic copies of certain PHI that we maintain about you. In line with set fees under federal and state law, we may charge you for a copy of your medical records.
Amendments to Your PHI. You can request amendments, or changes, to certain PHI that we maintain about you that you think may be incorrect or incomplete. All requests for changes must be in writing, signed by you or your representative, and state the reasons for the request. If we decide to make an amendment, we may also notify others who have copies of the information about the change. Note that even if we accept your request, we may not delete any information already documented in your medical record. You can make such requests by contacting support@mdintegrations.com or directly inside your MDI patient portal under the “privacy center” section.
Accounting for Disclosures of Your PHI. In accordance with applicable law, you can ask for an accounting of certain disclosures made by us of your PHI. This request must be in writing and signed by you or your representative. This does not include disclosures made for purposes of treatment, payment, or health care operations or for certain other limited exceptions.
Restrictions on Use and Disclosure of Your PHI. You can request restrictions on certain of our uses and disclosures of your PHI for treatment, payment, or health care operations.
Restrictions on Disclosures to Health Plans. You can request a restriction on certain disclosures of your PHI to your health plan. We are only required to honor such requests when services subject to the request are paid in full. Such requests must be made in writing and identify the services to which the restriction will apply.
Confidential Communications. You can request that we communicate with you through alternative means or at alternative locations, and we will accommodate reasonable requests. You must request such confidential communication in writing to each department you would like to accommodate the request.
Breach Notification. We are required to notify you in writing of any breach of your unsecured PHI without unreasonable delay and no later than 60 days after we discover the breach.
Uses and Disclosures.
The Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH) set the standard for sensitive patient data protection. We typically use or share your health information in the following ways
Help manage the health care treatment you receive. We can use your health information and share it with medical professionals who are treating you.
The information we collect, why we need it, and how we use it.
Help manage the health care treatment you receive. We can use your health information and share it with medical professionals who are treating you.
Comply with the law and help with public health and safety issues. We will share information about you if state or federal laws require it, including with local health departments and with the Department of Health and Human Services if it wants to see that we’re complying with federal privacy law.
Comply with the law and help with public health and safety issues. We will share information about you if state or federal laws require it, including with local health departments and with the Department of Health and Human Services if it wants to see that we’re complying with federal privacy law.
Our Responsibilities
We are required by law to maintain the privacy and security of your protected health information.
We must follow the duties and privacy practices described in this notice and give you a copy of it.
We will not use or share your information other than as described here unless you tell us we can in writing. If you tell us we can, you may change your mind at any time. Let us know in writing at info@healthsolutionmd.com if you change your mind.