Effective from: Sep 01, 2021
IN CASE OF EMERGENCY
DoctorHere’s Site and Services are not for medical emergencies or urgent situations. You should not disregard or delay in seeking medical advice based on anything that appears or does not appear on the Site. If you believe you have an emergency, call 911 immediately. You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.
YOUR RELATIONSHIP WITH MEDIHERE
Medihere does not provide medical advice or care. Medihere contracts with DoctorHere, which are independent, physician-owned medical groups with a network of United States based Providers who provide clinical services. DoctorHere is an online platform for Providers and their patients to connect via the Site through the use of synchronous and asynchronous telecommunications technologies. The Site facilitates communication between patients and Providers.
DoctorHere Providers deliver clinical services via the Medihere platform to their patients. Providers are independently contracted or employed by DoctorHere. Providers are not contracted or employed by Medihere. The Providers, and not Medihere, are responsible for the quality and appropriateness of the care they render to you. Medihere and DoctorHere do not provide any legal advice or representations in any way regarding any legal issues associated with advice, information, goods, or services offered by a Provider, including but not limited to any compliance obligations or steps necessary to comply with any state or federal laws and regulations.
The Providers are independent of Medihere and are merely using the Site as a way to communicate with you. Any information or advice received from a Provider comes from them alone, and not from Medihere. Your interactions with the Providers via the Site are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. Neither Medihere, nor any of its subsidiaries or affiliates or any third party who may promote the Site or Service or provide a link to the Service, shall be liable for any professional advice obtained from a Provider via the Site or Service, nor any information obtained on the Site.
Medihere does not recommend or endorse any specific Providers, tests, physicians,
medications, products, or procedures, but rather, is merely providing information about potential providers as that information was made available to the Company.You acknowledge that your reliance on any Providers or information delivered by the Providers via the Site or Service is solely at your own risk and you assume full responsibility for all risks associated herewith.
The content of the Site and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Medihere. You should always seek the advice of your healthcare professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by Medihere, or in connection with any communications supported by Medihere, 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 or federal law. While Medihere facilitates your selection of, and communications with, Providers, Medihere does not provide medical services, and the doctor-patient relationship is between you and the Provider.
CONSENT TO USE TELEHEALTH SERVICES
Telehealth involves the delivery of healthcare services using electronic communications, information technology or other means between parties who are not in the same physical location. While the provision of health care services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth.
A healthcare professional consulting with you through the Services may not have the benefit of information that would be obtained by examining you in person and observing your physical condition, in each instance. Therefore, the healthcare professional may not be aware of facts or information that may affect his or her opinion regarding a potential diagnosis or treatment recommendation. To reduce the risk to you of this limitation, we strongly encourage you to provide all relevant information and discuss any and all diagnosis and treatment options with a healthcare professional.
By deciding to engage the Services, you acknowledge and agree that you are aware of these limitations and agree to assume the risk of these limitations. Furthermore, you agree and accept that: (i) any diagnosis you may receive is limited and, in some cases, provisional; (ii) the health care services are not intended, in all cases, to replace a full medical evaluation or an in-person visit with a healthcare professional; (iii) a healthcare professional acting through the Services may not have important information that is usually obtained through a physical examination; and (iv) the absence of a physical examination may affect the Health Care Professional’s ability to diagnose any potential condition, disease or injury.
As with any type of health care service, there are potential risks associated with the use of telehealth services, including the Services provided via the Sites and Platforms. Potential risks include, but are not limited to, the following:
Information available to the Health Care Professional may not be sufficient to make a correct diagnosis or other medical decisions. There could be limitations, for example, in the information transmitted to the healthcare professional; access to the patient’s complete medical records, which could lead to incorrect diagnoses or adverse drug interactions or allergic reactions; and the physical examination that healthcare professional can perform (in particular, information that can be obtained only by touching the patient or being physically present with the patient will not be available).
In some cases, the healthcare professional may conclude that the information transmitted is not sufficient (e.g., poor resolution of images), or on some other basis the nature of your problem is such that it does not allow for the Services to be provided appropriately by the healthcare professional without an in-person evaluation.
Telehealth relies on electronic communications and devices. Any technical failure or power outage could therefore delay or disrupt such communications and hinder, delay, or erase our ability to assist you. These limitations could result in an incorrect diagnosis, which in turn could lead to treatment that is not helpful, or that could even be harmful; or to adverse drug interactions, allergic reactions or other problems. Healthcare professionals performing Services through the Sites and Platforms are aware of these limitations and take them into account in making clinical decisions within the scope of their practice. Where necessary, these Health Care Professionals will refer patients to in-person care. The risk of error nevertheless exists.
In some cases, applicable laws may prevent healthcare professionals from providing the Services you desire through the Sites or Platforms. When that is the case, the healthcare professional will refer you to an appropriate provider who can provide the services you desire.
You are under no obligation, of course, to obtain care via telehealth. You may do so through conventional, in-person services instead of or in addition to these Services.
Neither Medihere nor DoctorHere endorse any specific supplement, medication, pharmacy, or pharmacologic product. If a Provider prescribes a medication or recommends a supplement, he/she will limit supply based upon state regulations and will only prescribe a supplement or medication as determined in his/her own discretion and professional judgment. There is no guarantee a prescription will be written. Providers do not prescribe DEA controlled substances or scheduled medications, or certain other drugs which may be harmful because of their potential for abuse. Providers reserve the right to deny care for actual or potential misuse of the Services.
You agree that any prescriptions or supplements that you acquire from a Provider will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription. Medihere and DoctorHere fully honor patient freedom of choice and, if you receive a prescription for a medication, you always have the option to instruct DoctorHere to transmit that prescription to the pharmacy of your choice.
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) email, using the email address that you provide to us during registration; (2) short messaging service (“SMS”) text messages, using the mobile number that you provide to us during registration; (3) push notifications, using the mobile number that you provide to us during registration; or (4) by posting the Communications on the Sites or Platforms. You agree that (a) all agreements and consents may be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. 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 delivered Communication. You can withdraw your consent to receive Communications by email by clicking on the unsubscribe link in the email itself or by canceling or discontinuing your use of the Service.
If you later decide that you do not want to receive certain future communications electronically, please send an email to email@example.com with the subject line “Revoke Electronic Consent”. Should you choose to opt out of receiving Communications, but you continue to use our Sites, Platforms, and the Services, you are responsible for reading the content on our Sites or Platforms regarding any policy changes.
PRIVACY AND SECURITY
The Company may suspend or terminate your use of the Sites, Platforms, and Services, your User Account, and/or your registration for any reason at any time. Subject to applicable law, we reserve the right to maintain, delete, or destroy all communications and materials posted or uploaded to the Sites or Platforms pursuant to its internal record retention and/or content destruction policies. After such termination, the Company will have no further obligation to provide you Services, except to the extent we are obligated to provide you access to your health records or Health Care Professionals are required to provide you with continuing care under their applicable legal, ethical, and professional obligations to you.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SITES, PLATFORMS, OR THE SERVICES IS AT YOUR SOLE RISK. THE SITES, PLATFORMS, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY 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.
Medihere is not responsible for any inaccurate or incorrect content posted on the Sites, Platforms, or relayed through the Services provided. We are not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, any Communication caused by the user, the Company, or a third party. Medihere is not responsible for any problems or technical malfunctions of network or phone lines, computer equipment or systems, servers, providers, software, email providers, or internet traffic, including injury or damage to you or any other person’s computer related to or resulting from using our Sites, Platforms, or the Services. Under no circumstances will the Company or any of its affiliates or third parties be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Sites, Platforms, or the Services, or any content posted on or transmitted from the Sites, Platforms, or relayed through the Services provided. The Company does not guarantee or promise any specific results from your use of the Sites, Platforms, or the Services.
General advice posted to the Sites, Platforms, or relayed through the Services provided is for informational purposes and is thus not intended to replace or substitute for any medical service or advice. General advice also does not form the basis for a provider-patient relationship. We disclaim any and all liability regarding any treatment, action by, or effect on any person following any general information offered or provided via the Sites, Platforms, or relayed through the Services provided. Specific concerns that require medical advice should be directed to an appropriately trained health care provider.
LIMITATIONS ON LIABILITY
IN NO EVENT SHALL MEDIHERE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY OR WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST OR CORRUPTED DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING ANY INFORMATION MADE AVAILABLE THROUGH THE SERVICE OR ANY SERVICES PERFORMED BY THE PROVIDER(S) (INCLUDING CLAIMS OF MEDICAL MALPRACTICE), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MEDIHERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MEDIHERE SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE, MISUSE OR INABILITY TO USE THE PLATFORM, THE CONTENT OR THE SERVICE. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM, SERVICE OR CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM, SERVICE OR CONTENT IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE PLATFORM, SERVICE OR CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT 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 APPLICABLE LAW.
RIGHT TO MONITOR
You agree to defend, indemnify, and hold the company, its third party technology platform provider, and any subsidiaries, affiliates, officers, agents, and other third party partners and employees, harmless from any and all claims, damages, losses, liabilities, demands, costs, and expenses of every kind and nature (including actual, special, incidental, and consequential), known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected to, your use of the sites, platforms, and the services. you waive the provision of any state or local laws that limit or prohibit such a general release.
ACCURACY OF INFORMATION
Although Medihere attempts to ensure the integrity and accuracy of the Site and Service descriptions, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Site, Service descriptions and other content on the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Medihere so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Medihere shall have no responsibility or liability for information or content posted to the Site from any non-Medihere affiliated third party.
Medihere and DoctorHere each reserves complete and sole discretion with respect to the operation of the Site and the Services. We may withdraw, suspend, or discontinue any functionality or feature of the Site or the Services among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier. We are not responsible for maintaining information arising from use of the Site or with respect to the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site or the Services in accordance with our internal record retention or destruction policies.
Management Resolution. Disputes shall first be referred to each party or their authorized representatives for discussion and resolution (“Management Resolution”).
Arbitration. Should Management Resolution fail to resolve the Dispute, then you agree that the Dispute shall be resolved by final, binding arbitration (“Arbitration”) administered by the American Arbitration Association (“AAA”) under the AAA’s Commercial Arbitration Rules by a sole arbitrator. The parties hereto shall endeavor to agree upon the arbitrator, and if they fail to do so within twenty-one (21) days of the commencement of the Arbitration, the appointment shall be made by the AAA in accordance with the Commercial Arbitration Rules. The place, or legal seat of arbitration, shall be New York, and the language of the arbitration shall be English. You may only bring claims in your individual capacity on your own behalf, and not in any representative capacity or on behalf of any class or purported class, and no arbitration you commence hereunder may be joined with or include any claims by any other persons. Each party shall bear its own arbitration filing fees. The arbitrator shall issue a reasoned award and shall have the power to grant any interim or provisional measures that the arbitrator deems appropriate, including, but not limited to, injunctive relief and specific performance, and any interim or provisional measures ordered by the arbitrator may be specifically enforced by any court of competent jurisdiction as a final award. Nothing herein shall authorize the arbitrator to act as amiable compositeurs or to proceed ex aequo et bono. Each party hereto retains the right to seek interim measures from a judicial authority, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The arbitrator shall award the prevailing party, if any as determined by the arbitrator, its reasonable costs, including reasonable attorney’s fees. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction. No information concerning an arbitration, beyond the names of the parties, their counsel or the relief requested, may be unilaterally disclosed to a third party by any party unless required by law. Any documentary or other evidence given by any party or witness in any arbitration shall be treated as confidential by any party whose access to such evidence arises exclusively because of its participation in the arbitration and shall not be disclosed to any third party (other than a witness or expert), except as may be required by law. Any party who commences any judicial proceeding in connection with an arbitration initiated hereunder shall endeavor to have the judicial record of any such proceeding sealed to the extent permitted by law.
Injunctive Relief. We retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property rights.