Terms of Service
DO NOT USE D2M’s SERVICES OR THE D2M APPLICATION TO SEEK HEALTH CARE SERVICES FOR SOMEONE WHO IS UNCONSCIOUS, NOT BREATHING OR GASPING FOR AIR, EXPERIENCING AN ALLERGIC REACTION, HAVING CHEST PAIN, UNCONTROLLABLY BLEEDING, EXPERIENCING A BEHAVIORAL HEALTH EMERGENCY, OR ANY OTHER SYMPTOMS THAT REQUIRE IMMEDIATE OR EMERGENT MEDICAL ATTENTION. CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM (ER) IMMEDIATELY IF YOU HAVE AN EMERGENCY MEDICAL NEED.
DOCTOR2ME, Inc. along with its predecessors, licensors, beneficiaries, and its affiliated health care practices, may contract in the future (each, a “Practice,” and collectively, “Practices”), welcome you to download our proprietary mobile application software called “D2M Application”. For purposes of this website and the D2M Application, DOCTOR2ME, Inc. and the Practice are sometimes collectively referred to as “D2M,” “we,” or “us.”
Please note, DOCTOR2ME, Inc. is an administrative and technology service provider that owns the D2M Application. Get DOCTOR2ME, Inc. has entered into contracts with the Practice to provide such services to the Practice. The Practice provides non-emergent, mobile health care services at locations designated by its patients, and health care services delivered via telehealth, including mental health counseling services. Pursuant to its contract with the Practice, DOCTOR2ME, Inc. licenses the D2M Application to the Practice. DOCTOR2ME, Inc. does not provide any health care services, nor does it refer or recommend any physician or medical practice or any other health care provider or personnel.
By downloading and using the D2M Application, and by requesting and /or receiving services through the D2M Application and/or via our Website (if applicable) (“Services”), you agree to be bound by the terms of service set out below (the “Agreement”). If you do not agree to all of the terms of this Agreement, do not use the D2M Application or our Services. D2M may revise and update this Agreement at any time. Your continued use of the D2M Application or our Services will mean you accept the revised Agreements. All references to the “D2M Application” in this Agreement shall be construed to also include our Website (if applicable). We may modify this Agreement from time to time. All changes will be posted and the effective date will be noted at the top of this Agreement. Therefore, you should review it periodically so that you are up to date on our most current Terms of Use.
D2M Application & Services
Congratulations on your decision to download the D2M Application. We are excited to bring you the D2M Application, an innovative platform that permits you to initiate and transmit a request for health care services to be provided the comfort and convenience of your specified location, such as your home, office, or workplace, including services delivered via telehealth. The provision of the requested health care services at the user-specified location, whether a house or otherwise, and whether delivered in-person or via telehealth, is referenced herein as a “House Call”.
The D2M Application is a platform that (1) allows you to request a House Call from D2M, (2) provides D2M the capability to respond and schedule a House Call for you, and (3) facilitates communication between you and the Practice by transmitting to the Practice the information you provide to D2M, including your personal and medical information. Upon receipt of your request for a House Call, the D2M Application will notify the Practice and transmit your information, including your location and any personal or health information. The Practice will assess your request for a House Call and use your provided information to determine, in its sole and absolute discretion, whether or not it has an appropriate and available health care provider (a “Provider”) and, as applicable, medical assistant (“Medical Assistant''), to respond to your request for Services at your requested location. In the event that the Practice sends a Provider, that Provider may, in his or her best judgment, based on information received prior to the House Call or during the House Call, determine that he or she is unable to provide treatment. The Providers and Medical Assistants are sometimes referred to herein as “Health Care Professionals.” The Practices are responsible for hiring or otherwise contracting with qualified Health Care Professionals.
You understand that there may be no Health Care Professionals in your area. Neither your registration with the D2M Application, nor anything else contained herein guarantees that any Health Care Professionals will be available to provide House Calls in your area.
Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to this Agreement. You are responsible for all equipment necessary to access the D2M Application.
Your Privacy & Your Obligation to Provide Accurate Information
In order to obtain our Services you must provide D2M with certain personal information and register for an account. Additionally, you may also choose to provide D2M with access to your other health data or medical records. For example, you may choose to provide D2M with access to your electronic health data or electronic medical records that are created or saved by third-parties, such as Apple Health Record or Apple Health.
Please know that D2M respects your privacy. A complete statement of our current privacy policy can be found here (“Privacy Policy”) [PRIVACY POLICY LINK]. Our Privacy Policy is expressly incorporated into this Agreement by this reference.
It is imperative that you provide accurate and truthful information during the registration process. By submitting the registration information requested you represent and warrant to us that all of the personal information you provide to D2M, both during the registration process or anytime thereafter, is true and correct to the best of your knowledge. We reserve the right to refuse your registration or to cancel your use of the Application and/or the Services if we determine that you have not provided complete and accurate information regarding your identity and/or have otherwise not provided accurate information.
You also agree that you will not choose or use a username that: (i) belongs to another person or is used with the intent of impersonating another person; or (ii) is subject to any rights of a person other than you without appropriate authorization. You may never use another person’s sign-in details to access the Application and/or Services.
Billing for Services
D2M is responsible for billing patients for the health care services rendered by the Practices. D2M makes no guarantee that a House Call will be covered by your health insurance. Ultimately, it is your responsibility to determine how your health insurance benefits apply to services provided by the Practices.
Eligibility
You must be 18 years of age or older to use the D2M Application. By using the D2M Application and requesting a House Call you represent that you are at least 18 years of age.
Minors and Patients with Legal Guardians. To request a House Call for a minor patient or an adult patient who has a legal guardian, you must be the legal guardian, or an individual with uncontested legal authority to arrange for and consent to the treatment of the patient. By using the Application and requesting a House Call for a patient that has a legal guardian, you represent that you have the legal authority to make that request and you guarantee that the legal guardian who can consent to the provision of health services to the patient will be physically present for the duration of the requested House Call. If a legal guardian is unable to be physically present at the house call, the legal guardian must provide D2M with prior, written authorization that identifies by name an individual who has the power and authority to consent to the treatment of the patient. If the required legal guardian is not present upon the Health Care Professional’s arrival at the House Call, or an authorization to consent to treatment is not received prior to the visit, then the requested medical care will not be provided and D2M will charge you a cancellation. Your credit card will be charged accordingly.
The Practices & Health Care Professionals
The Practices are solely responsible for vetting, hiring or otherwise contracting with qualified Health Care Professionals. The Practices perform thorough background checks on all Health Care Professionals that provide House Calls. All Providers are licensed and in current good standing with the applicable state licensing agency. None of the Health Care Professionals are employees of DOCTOR2ME, Inc. Employees of DOCTOR2ME, Inc. never provide health care services or advice and do not take part in your diagnosis and/or treatment.
DOCTOR2ME, Inc. does not recommend or endorse any specific tests, health care or service providers, medications, products or procedures. You acknowledge that your reliance on any Health Care Professionals that you select for a House Call on the D2M Application or information provided by such Health Care Professionals to you is solely at your own risk and you assume full responsibility for all risk associated therewith, as allowable by the extent of the law.
You understand and agree that DOCTOR2ME, Inc. is not liable for any actions or inactions of any contracted providers, including without limitation the Practices or any Health Care Professionals. DOCTOR2ME, Inc. is not liable for any professional advice from a Health Care Professional that is provided to you in-person, via telephone or telehealth, or through any other means of communication, even if the communication is facilitated by DOCTOR2ME, Inc.
Consult with your current licensed health care provider as necessary and before seeking any new treatment or before you alter, suspend or initiate any change in your medical treatment, medication routine or health care related procedure or activity. Do not disregard medical advice issued to you by your regular licensed health care provider.
You will be required to review and accept a separate agreement with the Practice providing the health care services (the “Patient Agreement”). The Patient Agreement may include, but is not limited to, information regarding the medical services, payment requirements, assignment of benefits, indemnification, and information security, including the handling of your Protected Health Information. The Practices, and all of their Health Care Professionals, are entirely independent of DOCTOR2ME, Inc. DOCTOR2ME, Inc. is not responsible for any issues you may have with respect to your Health Care Professional’s professionalism, timeliness, health care treatment, diagnosis or advice, information provided, or any other actions or omissions arising from, or incident to, any services provided by the Practices or Health Care Professionals.
Important Health Care Notices and Disclaimers
IF YOU REQUEST TO BE CONNECTED WITH A PRACTICE, AN ELECTRONIC SERVICE REQUEST NOTIFICATION WILL BE SENT TO THE PRACTICE. IF THE PRACTICE HAS AN AVAILABLE PHYSICIAN, AN IN-PERSON MEETING BETWEEN YOU AND A LICENSED PHYSICIAN, AT A LOCATION OF YOUR CHOOSING, MAY OCCUR. WITH RESPECT TO THE REQUESTING, SCHEDULING AND FACILITATION OF HOUSE CALLS, THE APPLICATION IS EXCLUSIVELY FOR ACCOUNT MANAGEMENT AND TO PROVIDE YOU WITH THE ABILITY TO TRANSMIT YOUR REQUEST AND YOUR INFORMATION TO A PRACTICE THAT PROVIDES SERVICE IN YOUR AREA. NO HEALTH CARE OR ADVICE SHALL BE PROVIDED DIRECTLY TO YOU FROM DOCTOR2ME, Inc.
BY USING THE APPLICATION OR OUR SERVICES YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT DOCTOR2ME, Inc. IS NOT A MEDICAL PROVIDER, ORGANIZATION OR HOSPITAL. YOU FURTHER UNDERSTAND AND AGREE THAT DOCTOR2ME, Inc. IS NOT STAFFED BY MEDICALLY TRAINED PERSONNEL, AND IS NOT RESPONSIBLE FOR VETTING, RECOMMENDING OR REFERRING ANY PARTICULAR HEALTH CARE PROVIDER, HEALTH CARE PROFESSIONAL, OR HEALTH CARE SERVICES.
PLEASE NOTE THAT DOCTOR2ME, Inc. EMPLOYEES CANNOT PROVIDE YOU WITH MEDICAL ADVICE AND NOTHING THAT YOU MAY READ IN OR THROUGH THE USE OF THIS APPLICATION OR OUR SERVICES SHOULD BE CONSTRUED AS MEDICAL ADVICE. ALTHOUGH DOCTOR2ME, Inc. AND ITS INDEPENDENT CONTRACTORS AND EMPLOYEES MAKE AN EFFORT TO PROVIDE QUALITY INFORMATION TO YOU, DOCTOR2ME, Inc. EXPRESSLY DISCLAIMS ANY IMPLIED GUARANTEE OR WARRANTY REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELEVANCE OF ANY INFORMATION PROVIDED THROUGH THE APPLICATION, OR THE SERVICES OF HEALTH CARE PROFESSIONALS SENT TO YOU OR ANY MEMBER OF YOUR FAMILY THROUGH THE APPLICATION.
Geo-Location Functionality
The Services include and make use of certain functionality and services provided by third-parties that allow D2M to include maps, geocoding, places and other content from Google, Inc. (“Google”) as part of the Services (the “Geo-Location Services”). Your use of the Geo-Location Services is subject to Google’s then current Terms of Use for Google Maps/Google Earth (http://www.google.com/intl/en_us/help/terms_maps.html) and by using the Geo-Location Services, you are agreeing to be bound by Google’s Terms of Use.
Additional Services and Terms
Some of the Services we offer may be subject to additional terms and conditions. Your use of such Services is subject to those additional terms and conditions, which will be provided to you before the affected Services are provided. Any such additional terms and conditions are incorporated into this Agreement by reference.
Charges; Credit Card Billing; Additional Purchases
There is currently no charge to download the D2M Application or to register for an account. However, in the future there may be charges for certain Services. Currently, all non-third party billing (if applicable) will be handled by Apple® or Google® (depending upon which service you use and which version of the application you download). In the future we may ask for payment information from you directly and you will have the option to continue with Services or decline them at that time.
Through the Services, you may also be able to purchase certain goods or additional features or other services designed to enhance the performance of the D2M Application (“In App Purchase”). When you make an In App Purchase, you are doing so through Apple iTunes service and you are agreeing to Apple’s iTunes’ Terms and Conditions. Alternatively, depending on your operating system, you may be purchasing through the Google® Play service, and by doing so, you are agreeing to Google Play Terms and Conditions for purchases within an application.
During your use of the D2M Application and our Services, you also may occasionally be offered incentives or merchandise either directly from us or from third-parties that are not In App Purchases. Those purchases, if you agree to them, may require you to provide credit card or other transaction data to us or to third party providers in order to procure such items. We will only collect those details, if ever, for the sole purpose of fulfilling an order for products or services that you request. We may retain your credit card details in an encrypted file, however.
Cancellations
If you choose to cancel your registration, all you have to do is email privacy@doctor2me.com D2M reserves the right, at its sole discretion, to reject users of its Services and the D2M Application, to the extent permitted by law.
Account Security
You are responsible for maintaining the confidentiality of your username and password that you designate during the registration process and you are fully responsible for all activities that occur under your username and password. You will immediately notify us of any unauthorized use of your username or password or any other known or suspected breach of security. We will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer or using unencrypted email to discuss private matters with a D2M representative, the Practices or any Health Care Professional, so that others are not able to view, record or intercept your password or other personal information. You have been informed of the risks of transmitting your personal information by an unsecured means.
Once it is received, your personal information and that of any minor for whom you are responsible is kept secure by us, in accordance with applicable law.
License and Limitations on Use
We grant to you a limited, personal, non-exclusive and non-transferable right and license to use the D2M Application. Unless otherwise specified in writing, the D2M Application is for your personal and non-commercial use. The D2M Application, including, without limitation, the content, metadata, design, organization, compilation, look and feel, the fitness and nutrition plans, the source, object and HTML code and all other protectable intellectual property available through the Services and/or comprising the Application (the “Proprietary Materials”) are the property of D2M or the property of our licensors and are protected by copyright and other intellectual property laws. All rights regarding the Proprietary Materials not expressly granted in this Agreement are reserved by D2M. Unless you have our written consent, you may not copy, reproduce, sell, publish, distribute, display, retransmit or otherwise provide access to the Proprietary Materials to anyone. You agree not to rearrange, modify, create derivative works using or reverse engineer the Proprietary Materials. You agree not to create, scrape or display our content for any purpose. You agree not to post any content from the D2M Application to weblogs, news groups, mail lists or electronic bulletin boards, without our written consent.
By using the D2M Application or the Services, you represent and warrant that any personal and/or health information you provide to D2M is true and accurate and that your use:
Will be for lawful purposes only and never for sending or storing unlawful material or use for fraudulent purposes;
Will not cause nuisance, annoyance, disruption, or inconvenience to any D2M representatives, or Health Care Professionals;
Will not impair the proper operation of the network;
Will only be through access points or wireless data account (AP) which you are authorized to use;
May incur standard messaging charges by your wireless provider.
Notice for Claims of Copyright Violations
If you believe that your work has been copied and posted on our website in a way that constitutes copyright infringement, you should provide our Copyright Agent with a written notice that sets forth the infringement details. To be effective, the notice must contain the following information:
a description of the copyrighted work that you believe has been infringed;
a description of the material that you claim is infringing the copyrighted work identified in #1, and a detailed description of where it is located on the D2M Application; your address, telephone number, and email address;
a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
Please send the written communication to our Copyright Agent by email at copyright@doctor2me.com
We reserve the right, in appropriate circumstances and at our discretion, to terminate the privileges of any account holder who repeatedly infringes the copyrights or other intellectual property rights of others.
User Conduct
We reserve the right to terminate your account if you misuse the D2M Application, our Services or our website, or if you violate this Agreement including, without limitation, the following rules of conduct:
You may not:
Upload, post, or transmit to D2M or any Health Care Professionals by any means, or otherwise make available any content or materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
Impersonate any person or entity, including another user of our Services, a Healthcare Professional, or an employee of D2M, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted;
Upload, post, email, or otherwise transmit through the Application by any means, content, materials, or comments that could be characterized as “medical advice;”
Attempt to interfere with or disrupt our servers or networks;
Intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law;
Stalk or otherwise harass another user of our Services or any of our employees, or any Health Care Professionals;
Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users, including usernames or passwords; or access or attempt to access another user’s account without his or her consent or, in the case of a patient with a legal guardian, including minors, , that of the legal guardian or other legally responsible entity.
Disclaimers of Warranties
YOU USE THE D2M APPLICATION, THE SERVICES AND OUR WEBSITE AT YOUR OWN RISK. YOU FURTHER ACKNOWLEDGE THAT ANY HOUSE CALL THAT YOU SCHEDULE VIA THE D2M APPLICATION IS AT YOUR OWN RISK. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS OR EFFICACY OF THE CONTENT OF THE D2M APPLICATION, AND ASSUME NO LIABILITY OR RESPONSIBILITY TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE FOR ANY ERRORS, MISTAKES, OR INACCURACIES IN SUCH CONTENT OR IN THE SERVICES PROVIDED BY US, INCLUDING THE SERVICES, INFORMATION AND ADVICE PROVIDED BY A PRACTICE OR HEALTH CARE PROFESSIONAL OR THROUGH THE D2M APPLICATION OR WEBSITE. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE D2M APPLICATION, OUR WEBSITE, ANY PRACTICE AND HEALTH CARE PROFESSIONALS AND THE CONTENT AND SERVICES AVAILABLE THROUGH THE FOREGOING IS ON AN “AS-IS”, “AS AVAILABLE” BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT, AND MATERIALS AVAILABLE THROUGH THE D2M APPLICATION OR OUR WEBSITE, INCLUDING WITHOUT LIMITATION THE AVAILABILITY, USE, OR RESULTS OF SERVICES PROVIDED BY ANY PRACTICE AND HEALTH CARE PROFESSIONALS. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN OUR LIABILITY AND RESPONSIBILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE D2M APPLICATION, SERVICES OR WEBSITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON OR THROUGH THE D2M APPLICATION, SERVICES OR WEBSITE OR ANY WEBSITES LINKED TO THE D2M APPLICATION OR WEBSITE; (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SITE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE D2M APPLICATION, SERVICES OR WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS, SERVICES OR CONDUCT OF ANY THIRD-PARTY ON OR THROUGH THE D2M APPLICATION; OR (F) ANY OTHER MATTER RELATING TO THE D2M APPLICATION, SERVICES OR THE WEBSITE. IN NO EVENT SHALL DOCTOR2ME's TOTAL LIABILITY TO YOU OR ANY INDIVIDUAL OR ENTITY FOR WHOM YOU ARE RESPONSIBLE FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT – INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE – OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US IN THE IMMEDIATELY PRECEDING TWELVE (12) MONTH PERIOD. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, D2M’S LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.
Disclaimers Regarding the Practices and Health Care Professionals
DOCTOR2ME, Inc. DOES NOT REFER, RECOMMEND, OR ENDORSE ANY OF THE PRACTICES THAT LICENSE THE D2M APPLICATION, OR ANY PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL THAT CONTRACTS WITH THE PRACTICES. ANY STATEMENTS, PROGRAMS, OPINIONS, OR OTHER INFORMATION THAT MAY BE PROVIDED TO YOU BY A PRACTICE OR HEALTH CARE PROFESSIONAL ARE SOLELY ATTRIBUTABLE TO THE PRACTICE OR HEALTH CARE PROFESSIONAL AND NOT G DOCTOR2ME, Inc. RELIANCE ON ANY INFORMATION PROVIDED BY ANY PRACTICE OR HEALTH CARE PROFESSIONAL ON OR THROUGH THE D2M APPLICATION, SERVICES OR OUR WEBSITE IS SOLELY AT YOUR OWN RISK. DOCTOR2ME, Inc. MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, ABILITY OR THE EFFICACY, ACCURACY, COMPLETENESS, TIMELINESS OR RELEVANCE OF THE INFORMATION PROVIDED BY ANY PRACTICE OR HEALTH CARE PROFESSIONAL AND/OR THE SERVICES PROVIDED BY SAID PRACTICE OR HEALTH CARE PROFESSIONALS OR BY THIRD PARTIES FEATURED ON OR THROUGH THE D2M APPLICATION, SERVICES OR OUR WEBSITE. THE PRACTICES AND HEALTH CARE PROFESSIONALS ARE RESPONSIBLE FOR COMPLYING WITH REGULATORY AND LOCAL REQUIREMENTS FOR MALPRACTICE AND LIABILITY INSURANCE. ALL INTERACTIONS WITH HEALTHCARE PROFESSIONALS ARE BETWEEN YOU AND THE LICENSED HEALTH CARE PROFESSIONAL. BY USING THE D2M APPLICATION, SERVICES, OR WEBSITE, YOU AGREE NOT TO HOLD DOCTOR2ME, Inc. LIABLE IN ANY WAY FOR ANY MALPRACTICE OR SUBSTANDARD TREATMENT THE HEALTH CARE PROFESSIONAL MAY RENDER TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE. IN NO EVENT SHALL DOCTOR2ME, Inc. BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU, ANY MINOR FOR WHOM YOU ARE RESPONSIBLE, OR ANYONE ELSE IN CONNECTION WITH YOUR USE OF THE D2M APPLICATION, SERVICES OR OUR WEBSITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM YOUR USE OF ANY INFORMATION, PROGRAM OR SUGGESTION PROVIDED TO YOU BY A PRACTICE OR HEALTH CARE PROFESSIONAL OR COMMUNICATIONS OR MEETINGS BETWEEN OR AMONG YOU, ANY MINOR FOR WHOM YOU ARE RESPONSIBLE, AND ANY PHYSICIANS, MEMBERS OR ANY OTHER PERSONS YOU MEET THROUGH THE D2M APPLICATION, SERVICES OR OUR WEBSITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH HEALTHCARE PROFESSIONALS. FURTHER, DOCTOR2ME, Inc. DOES NOT RECOMMEND, AND YOU AGREE TO BE WHOLLY RESPONSIBLE, IF YOU OR ANY MINOR OR PATIENT FOR WHOM YOU ARE RESPONSIBLE DECIDES TO MEET OFFLINE OR IN PERSON WITH ANY HEALTH CARE PROFESSIONAL.
Indemnification
You agree to defend, indemnify, and to hold harmless D2M, together with D2M’s officers and directors, from any and all liabilities, penalties, claims, causes of action, and demands brought by third-parties (including the costs, expenses and attorneys’ fees on account thereof) arising, resulting from or relating to: (a) your use of the D2M Application, Services or our website or your inability to use the D2M Application, Services or our website; (b) an allegation that you violated any representation, warranty, covenant or condition in this Agreement; (c) your intentional or negligent misrepresentation or misuse confidential or protected information. Your agreement to defend, to indemnify, and to hold D2M (and D2M’s officers and directors) harmless applies whether any claim against D2M is based in allegations of violation(s) of law or contract or tort (including strict liability), and regardless of the form of action, including but not limited to your violation of any third-party rights, a claim that the D2M Application, Services and/or our website caused damage to you or to any third party and/or your use and access to the D2M Application, Services and/or our website. This indemnification section shall survive your termination of or cessation of use of the D2M Application, Services and our website.
Third-Party Web Sites, Products and Services
The D2M Application, Services and/or our website may link to or promote websites, products and/or services from other companies, or offer you the ability to download software from other companies. You agree that D2M is not responsible for, and does not control, those websites or any third-party products or services. D2M encourages you and any minor for whom you are responsible to be aware of this when you leave the D2M Application or click on links controlled by third parties, and to read the legal notices and privacy policies of each and every location you visit. Your use (or that of any minor for whom you are responsible) of a third-party product, service or website will be subject to such third party’s terms of use, privacy policy and any other applicable terms and conditions.
Governing Law and Choice of Forum
This Agreement contains the final and entire agreement between us regarding your use of the D2M Application, the Services and our website for yourself, a member of your household or for any minor for whom you are responsible, and supersedes all previous and contemporaneous oral or written agreements regarding your use of the foregoing. The provisions of this Agreement shall be severable, and if any provision of this Agreement is held to be invalid or unenforceable, it shall be construed to have the broadest interpretation, which would render it valid and enforceable. We may discontinue or change the D2M Application, Services and/or our website, or its/their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to any conflict or choice of law principles. The sole and exclusive jurisdiction and venue for any litigation arising out of this Agreement or in any way related to the D2M Application will be an appropriate federal or state court located in Los Angeles, California. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
Assignments
D2M may assign its rights and obligations under this Agreement. This Agreement will insure to the benefit of DOCTOR2ME successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under the Agreement, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
Promotions and Offers
We may, from time to time, offer certain promotions as part of our services to users, and we encourage you to participate. However, unless explicitly stated otherwise, Medicare or Medicaid beneficiaries are not eligible to participate in any promotions or other offers. By accepting any promotional offer, you certify that you are not a Medicare or Medicaid beneficiary and agree to be bound by all of the following additional terms.
We reserve the right to send particular promotions to particular users and other individuals, subject to applicable laws. We may use any personal information you provide to us (including your email address), to provide you (by email or otherwise) with information regarding our contests and promotions, as further described in our Privacy Policy and in compliance with applicable law. You agree that DOCTOR2ME, Inc. may communicate your personal information to the Practice that you select, and at your direction, in connection with any health care services provided by that Practice and its Health Care Professionals.
Price discounts cannot be used together or combined with other discount offers or promotional offers. Promotional offers are intended for the addressed recipient only and cannot be transferred. If you are not the intended recipient, then the offer is null and void. We may request further information from you if you wish to participate in our promotions and offers. Participation in these promotions is completely voluntary. Therefore, you have the choice to decline to participate in any promotion where you are required to provide further information about yourself.
We are not responsible for any unauthorized promotions and offers offered by third-parties through the D2M Application.