Terms of Use

Welcome to DocMeet’s Terms of Use
DocMeet connects you with leading doctors through telephone or online video consultations for the diagnosis and treatment of patients (“Services”). All of our doctors are licensed physicians, licensed therapists, and/or other licensed health care practitioners (the “Providers”).

Remember…
Your use of DocMeet, including any use of DocMeet by phone, is conditioned upon your acceptance of the terms and conditions in these Terms of Use. By checking the “agree” box for these Terms of Use and/or any other forms presented to you on the Site, you are agreeing to these Terms of Use and that such action constitutes a legal signature. You agree that we may send to you any privacy or other notices, disclosures, or communications regarding the Services (collectively, “Communications”) through electronic means including but not limited to: (1) by e-mail, using the address that you provided to us during registration, or (2) by posting the Communications on the Site. The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Communications by email by canceling or discontinuing your use of the Service.

Use of the Site
DocMeet operates the website located at www.DocMeet.com (the “Site”). DocMeet is NOT for use in the event of a medical emergency. By accessing and using the Site, you agree to be bound by these Terms of Use and all other terms and policies that appear on the Site. If you do not wish to be bound by these Terms of Use, you may not use the Site or the Services.

All Providers who deliver Services through DocMeet are independent professionals solely responsible for the services each provides to you. DocMeet does not practice medicine or provide medical care, it simply arranges for the provision of care. Each Provider is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Providers reserve the right to deny care for use of the Services. Neither DocMeet nor any third parties who promote the Services or provide you with a link to the Service shall be liable for any professional advice you obtain from a treating Provider via the Services.

None of the Site content (other than information you receive from treating Providers) should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you.

Informed Consent
Telehealth involves the delivery of health care services using electronic communication technology, where the patient and the Provider are not in the same physical location. During your telehealth consultation with a treating Provider, details of your patient medical records and personal health information including medical images may be discussed with you through the use of online video, audio, or other telecommunications technology. You may be asked for proof of identity with a driver’s license or other legal documents.

Please note, responsibility for the patient should remain with the patient’s local physician. The telehealth Services you receive from DocMeet’s treating Providers are not intended to be your permanent medical home. You should seek emergency help or follow-up care when recommended by a treating Provider or when otherwise needed, and continue to consult with your primary care physician and other healthcare professionals as recommended.

Expected Benefits of Service:

• Improved access to healthcare professionals and convenience;
• More efficient medical management.

Possible Risks of Service:

• In rare cases, information transmitted may be inadequate (e.g. poor resolution of images) to allow for appropriate medical or health care decision making by the treating Provider. In such cases, this may necessitate a face-to-face meeting with the patient or a rescheduled video consultation;
• Delays in medical evaluation or treatment could occur due to failures of the electronic equipment;
• In rare cases, a lack of access to complete medical records may result in adverse drug interactions or allergic reactions or other judgment errors;
• In very rare cases, online security protocols could fail, causing a breach of privacy of personal health information.

By accepting these Terms of Use, you acknowledge that you understand and agree with the following:

• You understand that you may expect the anticipated benefits from the use of telehealth in your care, but that no results can be guaranteed or assured.
• You understand that the laws that protect the privacy and security of health information also apply to telehealth, and that no information obtained in the use of telemedicine, which identifies you, will be disclosed to researchers or other entities without your written consent.
• If your health insurance coverage does not include or is not sufficient to satisfy the Services charges in full, you may be fully or partially responsible for payment.
• Your treating Provider may determine that the Services are not appropriate for some or all of your treatment needs, and accordingly may elect not to provide telehealth services to you through the Site in your treating Provider’s sole discretion.
• You understand that you have the right to withhold or withdraw your consent to the use of telemedicine in the course of your care at any time, without affecting your right to future care or treatment.
• You understand that telemedicine may involve electronic communication of your personal medical information to other medical practitioners who may be located out of state.

Privacy
DocMeet is required to comply with federal health care privacy and security laws and maintain safeguards to protect the security of your health information. One of our main priorities is to ensure that your personal health information remains secure. Nevertheless, while secure email communication is always preferred to insecure email communication, under certain circumstances, insecure email communication containing personal health information may take place between you and DocMeet. Unfortunately, DocMeet cannot ensure the security or confidentiality of messages sent through insecure email. By accepting these Terms of Use, you acknowledge that you understand, have read, and agree to the Privacy Policy, which is incorporated into these Terms of Use.

User Account, Eligibility, and Security
When you register on DocMeet to create an account (“Account)”, you are required to enter your name, email address, password, and certain other information collected by DocMeet (collectively “Account Information”). To create an Account, you must be at least eighteen years of age and possess the legal right and ability, on behalf of yourself or a minor child of whom you are a parent or legal guardian, to agree to these Terms of Use. If you do not meet these eligibility requirements, you may not register to use our Services. You agree that the Account Information that you provide to DocMeet at all times, will be fully true, accurate, current, and complete. You may not transfer or share your Account password with anyone, or create more than one Account (with the exception of subaccounts established for children of whom you are the parent or legal guardian). You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. You agree to immediately notify DocMeet of any actual or suspected unauthorized use of your DocMeet Account or other security concerns of which you become aware. DocMeet reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the site and your Account Information. In no event, and under no circumstances, shall DocMeet be held liable to you for any liabilities or damages resulting from or arising out of your use of the site, your use of the Account Information or your release of the Account Information to a third party. You are strictly prohibited from using anyone else’s Account at any time.

Use of the Services by Children
The Services are available for use by children, but the registered Member for all patients under the age of 18 must be the patient’s parent or legal guardian. If you register as the parent or legal guardian on behalf of a minor, you will be fully responsible for complying with these Terms of Use.

Access Rights
We hereby grant to you a limited, non-exclusive, nontransferable right to access the Site and use the Services solely for your personal non-commercial use and only as permitted under these Terms of Use and any separate agreements you may have entered into with us. In order to ensure your compliance with these Terms of Use, we reserve the right to monitor your access and use of the site, and to deny or suspend your use of the Site or Services for any reason. You are strictly prohibited from: (a) impersonating any person or entity, or otherwise misrepresenting your affiliation with a person or entity; (b) using the Site or Services to violate any local, state, national or international law; (c) reverse engineering, disassembling, decompiling, or translating any software or other components of the Site or Services; (d) distributing viruses or other harmful computer code through the Site; or (e) otherwise using the Services or Site in any manner that exceeds the scope of use granted above. You also agree to immediately notify DocMeet of any actual or suspected unauthorized use of your DocMeet Account of which you become aware. DocMeet is not responsible for any interactions with treating Providers that are not conducted through the Site. We strongly recommend that you do not use the Services on public computers. We also recommend that you do not store your account password through your web browser or other software.

Fees and Applicable Purchase Terms
You are solely responsible and agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If your health plan, employer or agency has arranged with DocMeet to pay the fee or any portion of the fee, or if the fee is pursuant to some other arrangement with DocMeet, that fee adjustment will be reflected in the fee that you are ultimately charged. By providing DocMeet with your credit card number or PayPal account and associated payment information, you agree that DocMeet is authorized to immediately invoice your account for all fees and charges due and payable to DocMeet hereunder and that no additional notice or consent is required. Please check with your employer, health plan, or agency to determine if any Services will be reimbursed. If you do not have insurance coverage for Services, or if your coverage is denied, you acknowledge and agree that you shall be personally responsible for all incurred expenses.

DocMeet offers no guarantee that you shall receive any such reimbursement. DocMeet reserves the right to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms of Use. You understand and agree that for Services provided on an appointment basis, you will be responsible for a missed appointment fee equal to the fees you and your insurer or other payor would have paid for the scheduled services if you do not cancel a scheduled appointment at least 24 hours in advance.

Website Links
By subscribing to DocMeet’s Services, you agree to opt-in to the receipt of newsletters and other information regarding common medical and health related topics or preventive care messages containing specific medical and health related information, links to other related websites and specific questions related to your DocMeet account. DocMeet is not liable for any information, software, or links found at any other website, internet location, or source of information.

Intellectual Property
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) with the exception of your electronic medical records, are owned by DocMeet, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site except as generally and ordinarily permitted through the Site according to these Terms of Use. You agree that you will not store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse engineer, reverse assemble, or otherwise attempt to discover any programming code or any source code used in or with the Services. The Site may contain other proprietary notices and copyright information, the terms of which you must and agree to follow.

Names, logos, and other materials displayed on the Site or in the Services may constitute trademarks, trade names, service marks or logos (“Marks”) of DocMeet or other entities. You are not authorized to use any such Marks without the express written permission of DocMeet. Ownership of all such Marks and the goodwill associated therewith remains with DocMeet or those other entities.

Termination
All of our members are required to honor this Terms of Use. Your permission to use the Services ends immediately if you violate any of the terms of this agreement.

You may deactivate your Account and end your registration at any time, for any reason by sending an email to support@DocMeet.com. We may also suspend, modify, or terminate your right to access DocMeet and the Services at any time. This suspension or termination may delete information, files, and/or other previously available content. Subject to applicable law, we reserve the right to maintain, delete, or destroy all communications and materials posted or uploaded to the Site pursuant to its internal record retention and/or content destruction policies. After such suspension or termination, we will have no further obligation to provide the Services, except to the extent we are obligated to provide you access to your health records or treating Providers are required to provide you with continuing care under their applicable legal, ethical and professional obligations to you.

Changes to this Agreement
We may update these Terms of Use (including adding or deleting portions of these Terms of Use at any time on a going-forward basis). We will do our best to notify you of material changes and will always revise the ‘last modified’ date at the top of this document to reflect that changes have been made. Continued use of the Site and/or Services following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms of Use, inclusive of such changes.

Exclusion of Warranties
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE OR SERVICES IS AT YOUR SOLE RISK. BOTH THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY EXPRESS WARRANTIES, AND WE AND EACH OF THEM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION.

While we hope that you will find Provider consultations informative and educational, DocMeet does not make any representations or warranties with respect to any information offered or provided within or through the DocMeet platform regarding treatment of medical conditions, actions, or application of medicine. You acknowledge and agree that DocMeet does not provide medical advice, diagnosis, or treatment, and is strictly a technology platform and infrastructure for connecting patients with independent third party treating Providers, including physicians and other treating Providers in the DocMeet network. You acknowledge and agree that the Treating Providers using the Site are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all medical services, advice, instructions, treatment decisions, and other professional health care services performed, and that all diagnoses, treatments, procedures, and other professional health care services will be provided and performed exclusively by or under the supervision of Treating Providers, in their sole discretion, as they deem appropriate.

LIMITATION OF LIABILITY. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL DOCMEET OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

Indemnification
You agree to release, indemnify, defend and hold harmless DocMeet, our contractors, partners, officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers, harmless from and against any and all liabilities, claim, actions, demands, and settlements, including without limitation reasonable legal and accounting fees (“Claims”), resulting from, or alleged to result from, your violation of these terms and conditions. In addition, you agree to indemnify, defend and hold harmless your treating Provider(s) from and against any third party Claims resulting from your lack of adherence with the advice or recommendation(s) of such treating Provider.

Geographical Restrictions
DocMeet makes no representation that all products, services and/or material described on the Site, or the Services available through the Site, are appropriate or available for use in locations outside the United States or all territories within the United States.

Legal Terms
These Terms of Use, the Privacy Policy, and your use of the Site shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to the principles of conflict of laws or choice of laws. Any dispute arising under or relating in any way to these Terms of Use will be resolved exclusively in New York county, New York. You and us both consent to the personal jurisdiction of these courts.

If we choose not to enforce any provision in these Terms of Use, we retain the right to enforce it in the future. This essentially means that the failure to enforce any provision of this agreement does not constitute a waiver of that provision. If any provision of this agreement is found to be unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision’s essential purpose.

DocMeet devotes considerable effort to optimizing signal strength and diagnosis deficiencies but is not responsible for the internet or data bandwidth and signal of your mobile device or computer.

Please report any violations of these Terms of Use to support@DocMeet.com.

Digital Millennium Copyright Act Removal Procedure
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith any materials accessible on DocMeet infringe on your valid and enforceable copyright, you may request removal of (or access to) those materials from us by contacting us and providing us with information pursuant to our procedure. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA.

Procedure Guidelines.

• IMPORTANT: Be sure you have a right to file a DMCA notice before doing so. One place to find more information is the U.S. Copyright Office Web site, currently located at h/p://www.copyright.gov/. Misrepresentations made in your notice regarding whether material or activity is infringing may expose you to liability for damages (including costs and attorneys’ fees). Contact an attorney before making a DMCA submission if you are not sure whether material available online infringes your copyright.
• To file a notice of infringement, please include all of the following information:
• Contact Info
  • First name
  • Last name
  • Company name (if applicable)
  • Copyright holder you represent
  • Email address
  • Country/Region
• Your Copyrighted Work
• Provide information that identifies in sufficient detail the copyrighted work that you believe has been infringed upon. If you claim that more than one work has been infringed, submit each additional work as a separate claim.
• Location of Infringing Material
• Please provide the URL(s) on DocMeet of the allegedly infringing material that you are asking us to remove.
• Sworn Statement
  • You must swear to the following or include the following statements in your DMCA takedown submission to HealthTap:
    "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
  • Please include your signed name. By typing your full name, you will be providing us with your digital signature, which is as legally binding as your physical signature. Please note that your signature must exactly match the first and last names that you entered at the top of this email in order for your submission to be successful.
• Printed Date Please note that we will not process your complaint if it is not properly filled out or if the complaint is incomplete