Effective: July 1, 2019
1.800MD on its own behalf and on behalf of its wholly owned subsidiaries including but not limited to Navigo Health, Inc. and Global Express Healthcare provides telehealth services offering convenient, private and secure, telephone Medical Consultations, Bi-directional video consultations, and Secure E-mail Medical Consultations with a licensed physician, electronic medical record storage, on-line healthcare information, prescription service and related products, services and content (collectively the “1.800MD Services”).
- Use of Services. NOT FOR EMERGENCIES. The 1.800MD Services are not for use for medical emergencies or urgent situations. IF YOU THINK YOU HAVE AN EMERGENCY, CALL 911 IMMEDIATELY.
- Cost. Please ask 1.800MD for Plans and Pricing.
- Medical Disclaimers. 1.800MD makes no warranty as to the content of any treatment response. You and your physician are solely responsible for all information and/or communication sent during a teleconsultation or other communication. 1.800MD does not guarantee that a teleconsultation is the appropriate course of treatment for your particular health care problem. You agree to contact your physician immediately should your condition change or your symptoms worsen. If you require urgent care, you should contact your local emergency services immediately. 1.800MD SCREENS AND CONFIRMS THE QUALIFICATIONS FOR ALL OF OUR TELEMEDICINE PROVIDERS.
- Prescriptions. You agree that any prescriptions that you acquire through the 1.800MD Services shall 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.
- Educational Resources. 1.800MD may send you newsletters regarding common medical and health-related topics or preventive care messages containing specific medical and health-related information, links to other related Web sites and specific questions related to your 1.800MD Record. Additionally, 1.800MD makes available self-care informational services which provide general medical and health information. These communications and resources are not comprehensive medical text and do not include all the potential information regarding the subject matter. These communications and resources are for general educational and informational purposes only and should not be relied upon as a substitute for patient-specific medical diagnosis and treatment or construed, directly or indirectly, as the practice of medicine or dispensing of medical services by 1.800MD. Such information is not a substitute for seeing an appropriate healthcare professional for medical treatment. The information contained these communications and resources are compiled from a variety of sources and may or may not be considered authored by 1.800MD. 1.800MD makes no warranty as to the content of these materials or the information contained therein.
- Intellectual Property. 1.800MD hereby grants you a limited, revocable, non-transferable and non-exclusive license limited solely to viewing or downloading a single copy of the material on the 1.800MD web site and to use the 1.800MD software to the extent necessary to use the 1.800MD Services solely for your personal, noncommercial use. With the exception of your Medical Records, 1.800MD retains all right, title and interest in and to 1.800MD, the 1.800MD Services and any content, products, documentation, software or other materials on the 1.800MD web site, and any patent, copyright, trade secret, trademark, service mark or other intellectual property or proprietary right in any of the foregoing. The information available through the 1.800MD Services is the property of 1.800MD. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the information owned by 1.800MD received through the 1.800MD Services to anyone, including but not limited to others in your organization. Use, reproduction, copying, or redistribution of 1.800MD’s logos is strictly prohibited without written permission from 1.800MD.
- Legal Notices and Disclaimers.
- General Disclaimers. YOU ACKNOWLEDGE THAT YOUR USE OF THE 1.800MD SERVICES IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. ALL INFORMATION, PRODUCTS OR SERVICES CONTAINED ON OR PROVIDED THROUGH THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW 1.800MD AND ITS SHAREHOLDERS, AFFILIATES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES OR OTHER REPRESENTATIVES (COLLECTIVELY, “AFFILIATES”) HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS STRAINS. WITHOUT LIMITING THE FOREGOING, 1.800MD AND ITS AFFILIATES MAKE NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE 1.800MD PRODUCTS AND SERVICES PROVIDED HEREUNDER.
- 800MD MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT: THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS; OR ANY TREATMENT, ACTION OR APPLICATION OR PREPARATION OF MEDICATION BASED ON INFORMATION OFFERED OR PROVIDED THROUGH THE 1.800MD SERVICES.
- Limitation of Liability. IN NO EVENT SHALL 1.800MD NOR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF (i) THE PURCHASE PRICE FOR THE PRODUCT, OR (ii) IN THE EVENT NO PURCHASE PRICE WAS PAID OR REQUIRED, $1,000. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL 1.800MD NOR ANY OF ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE OR LOSS OF DATA, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR ANY SERVICE OFFERED THROUGH THIS WEB SITE OR ANY MATERIAL OR INFORMATION CONTAINED IN, ACCESSED THROUGH, OR PRODUCTS PURCHASED ON THIS WEB SITE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF 1.800MD IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME. TO THE EXTENT CERTAIN JURSIDICTIONS RESTRICT ANY OF THE ABOVE LIMITATIONS OF LIABILITY; SUCH LIMITATIONS SHALL NOT APPLY IN SUCH JURISDICTIONS TO THE EXTENT OF SUCH RESTRICTIONS.
- General Legal Provisions.
- Third Party Sites. Although the 1.800MD may include links providing direct access to third-party Internet sites as a convenience, the inclusion of a link does not imply endorsement of the linked site by 1.800MD. 1.800MD takes no responsibility for the content or information contained on those other sites, and does not exert any editorial or other control over those other sites. Nor does 1.800MD take responsibility for the privacy policies and practices of these third-party links.
- Operation and Record Retention. 1.800MD reserves complete and sole discretion with respect to the operation of the 1.800MD Services. 1.800MD may, among other things withdraw, suspend or discontinue any functionality or feature of the 1.800MD Services. 1.800MD is not responsible for transmission errors or corruption or compromise of data carried over local or interchange telecommunication carriers. 1.800MD is not responsible for maintaining data arising from use of the 1.800MD Services. 1.800MD reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the 1.800MD Service pursuant to its internal record retention and/or destruction policies.
- Limitations on Use. You agree not to access or use the 1.800MD Services in an unlawful way or for any unlawful purpose. You agree not to post or transmit: (a) a message under a false name; or (b) any information which (i) is libelous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person, or (ii) contains any virus, worm, Trojan horse or other code which is contaminating or destructive to the files or programs of 1.800MD or any of its affiliates. 1.800MD reserves the right to delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, and obscene or in violation of a copyright, trademark or other intellectual property or ownership right of any other person.
- Third Party Rights. The indemnification provisions set forth above and the provisions under Section 3 Legal Notices and Disclaimers are for the benefit of 1.800MD, and its Affiliates. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
- 1.800MD may provide notice by e-mail to the e-mail address you provided during the registration, by a general notice on the 1.800MD Web site, or by written communication delivered by first class U. S. mail or express courier to your address on record in the 1.800MD account information. You may give notice to 1.800MD at any time via electronic mail to firstname.lastname@example.org or by letter delivered by first class postage prepaid U. S. mail or overnight courier to 1.800MD, 6408 Bannington Rd, Charlotte, NC 28226.
- Protecting Children. 1.800MD is designed and intended for use by adults. It is not intended for, nor designed to be used by children under the age of eighteen. A parent or guardian, however, may use 1.800MD on behalf of a minor child. The parent or guardian assumes full responsibility for ensuring that the authentication information is kept secure and that the information submitted is accurate.