OUR SERVICES SHOULD NOT BE USED FOR EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, PLEASE CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM.
HealMe MD LLC (a Florida Limited Liability Corporation) ( "HealMe MD",“we”, “us”, or “our”) operates a website located at www.healmemd.com. Through the Site, we offer telemedicine services that allow eligible individuals (“Registered Users”) to connect with a medical provider/prescriber. The Site enables Registered Users to engage healthcare practitioners (“Healthcare Practitioners”) to obtain telehealth services (“Healthcare Services”). The Site also has public portions that allow anyone (“Visitors”) to educate themselves on the available Services. Registered Users and Visitors are collectively referred to as “you” or “user.” By accessing and using the Site, you agree to be bound by these Terms and Conditions, and any other terms, conditions and policies that appear on the Site. If you do not wish to be bound by these Terms and Conditions, please do not access or use the Site. We have the right to change these Terms and Conditions at any time. By accessing or using the Site, Services or Healthcare Services after the effective date of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms and Conditions.
2. Healthcare Services.
The Healthcare Practitioners who deliver Healthcare Services are independent practitioners who are not employed by HealMe MD LLC. HealMe MD does not practice medicine and does not interfere with the practice of medicine. Each Healthcare Practitioner is responsible for his or her services and compliance with the requirements applicable to his or her profession and license.
All Health Practitioners who deliver services to our Registered Users on this Site hold professional licenses issued by the professional licensing boards in the states where they practice.
The Healthcare Services are not a replacement for your primary care physician or annual office check-ups, nor are they a replacement for other treating providers. While consultations treat the majority of common medical and behavioral health conditions, some cases require an in-person visit for complete care.
HealMe MD is not an online pharmacy, nor are we a Medicare prescription drug plan. HealMe MD is not a Qualified Health Plan. HealMe MD is not insurance and is not intended to replace health insurance. The offering of Healthcare Services by HealMe MD is not to be construed as the sale of insurance product(s) or otherwise engaging in the transaction of insurance.
Disclaimer: None of the Site content (other than information you receive from Healthcare Practitioners) should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you.
3. Privacy and Security.
You are solely responsible for all fees associated with your use of the HealMe MD website. You will be asked to supply credit card information, which will be verified prior to your online visit. You will not be able to use the HealMe MD website to communicate with a physician if the credit card information you provide is inaccurate or if your credit card is declined. In order to facilitate payment for your online visit, HealMe MD will share your credit card information and related personal information to its designated credit card payment processor. This information is shared solely for the purpose of collecting the fee. HealMe MD does not currently accept payment from health insurance providers and does not offer a refund option. Any and all fees associated with your use of the HealMe MD website will not be refunded to you under any circumstances.
5. Registered User Accounts.
When you register on the Site, you are required to create an account (“Account”) by entering your name, email address or mobile number, password and certain other information (collectively “Account Information”). To create an Account, you must be at least 18 years of age. If you are not 18 years of age, you may not register to use our Services or Healthcare Services unless a parent or legal guardian has given documented consent. You agree that the Account Information that you provide to us, including during registration and any other information you upload to the Site, will be true, accurate, current, and complete. You may not transfer or share your Account password with anyone or create more than one Account (except for sub-accounts 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. We reserve the right to take any and all action, as we deem necessary or reasonable, regarding the security of the Site and your Account Information. In no event and under no circumstances shall we 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 may not use anyone else’s account at any time.
6. Registered User Responsibilities.
You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. Specifically, you are responsible for (i) controlling the dissemination and use of activation codes and passwords; (ii) authorizing, monitoring, and controlling access to and use of your username and password; and (iii) promptly informing us of any need to deactivate a password. You also agree to promptly notify us of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Site by emailing email@example.com. We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section.
7. Access and Use Rights and Prohibited Uses.
We hereby grant to you a limited, non-exclusive, nontransferable right to access the Site and use the Services and Healthcare Services solely for your personal use and only as permitted under these Terms and Conditions and any other separate agreements you may have entered into with us (“Access Rights”). We reserve the right, in our sole discretion, to deny or suspend use of the Site, Services or Healthcare Services to anyone for any reason. You agree that you will not, and will not attempt to: (a) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (b) use the Site, Services or Healthcare Services to violate any applicable law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Site; (d) send, transmit, post, or store infringing, obscene, threatening, libelous, defamatory, fraudulent, false, or otherwise unlawful or tortious material, including material harmful to children or violative of third-party privacy rights or the ownership or intellectual property rights of another person; (e) send, transmit, or store material containing software viruses, worms, Trojan horses, or other harmful computer codes, files, scripts, agents, or programs; (f) interfere with or disrupt the integrity or performance of the Site or the data contained therein; (g) attempt to gain unauthorized access to the Site or its related systems or networks; or (h) otherwise use the Services or Site in any manner that exceeds the scope of use granted above. We strongly recommend that you do not use the Services or Healthcare Services on public computers. We also recommend that you do not store your Account password through your web browser or other software.
8. Use of the Site, Services and Healthcare Services by Children.
The Site, Services and Healthcare Services are available for use by children, who are at least 13 years old but under the age of 18 (“Minor”), accompanied by a parent or legal guardian, who gives documented consent. The Registered User for a Minor must be the Minor’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 and Conditions and binding the Minor to these Terms and Conditions.
9. Ownership and Intellectual Property Rights.
The Site and its entire contents (except for your personal and health information), features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, its licensors or other providers of such material and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms and Conditions permit you to use the Site for your personal 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 and Conditions.
10. External Website Links.
The Site may contain links to third-party websites. Linked sites are not under our control, and we are not responsible for the content of any linked site. Links are provided as a convenience only, and a link does not imply that we are affiliated with the linked site. Your use of third-party web sites is at your own risk and subject to the terms and conditions of use for such sites. We disclaim any and all liability for any medical and health treatment information set forth on linked sites.
You may deactivate your Account and end your registration at any time, for any reason by sending an email to firstname.lastname@example.org. We may suspend or terminate your use of the Site, your Account and/or 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 Site pursuant to its internal record retention and/or content destruction policies. After such termination, we will have no further obligation to provide the Services or Healthcare Services, except to the extent we are obligated to provide you access to your health records or Healthcare Practitioners are required to provide you with continuing care under their applicable legal, ethical and professional obligations to you.
12. Disclaimer of Warranties and Limitation of Liability.
YOU EXPRESSLY AGREE THAT USE OF THE SITE, SERVICES OR HEALTHCARE SERVICES IS AT YOUR SOLE RISK. THE SITE, SERVICES AND HEALTHCARE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM 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, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR ANY OF OUR 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, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, SERVICES OR HEALTHCARE 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.
These Terms and Conditions and your use of the Site shall be governed by the laws of the State of Florida, without giving effect to the principles of conflict of laws. Any dispute, claim, cause of action, or legal suit arising out of or related to these Terms and Conditions shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in the city and county of Denver. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
No waiver by us of any provision set forth herein shall be deemed a further or continuing waiver, or a waiver of any other provision, and any failure of us to assert a right under these Terms and Conditions shall not constitute a waiver of such right. If any provision of these Terms and Conditions is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term, and all other provisions of these Terms and Conditions will continue in full force and effect.