Terms of Use
These terms and conditions of use (“Terms of Use”) govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by My Home Doctor, LLC (“MHD”), including the www.myhomedoctor.com website (the “Site”) and the services available to users through the Site (“Services”). Your compliance with these Terms of Use is a condition to your use of the Site. If you do not agree to be bound by the Terms of Use, promptly exit this Site. Please also consult our Privacy Policy for a description of our privacy practices and policies, including how we collect and handle your personal health information and financial information.
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
MHD does not provide any physicians’ or other providers’ services itself. All of the providers are independent of MHD and use the Service as a way to communicate with you. Any information or advice received from a provider comes from them alone, and not from MHD. Your interactions with the providers via the Service are not intended to take the place of your relationship with your regular health care practitioners. Neither MHD, nor any of its subsidiaries or affiliates or any third party who may promote the Service or provide a link to the Service, shall be liable for any professional advice obtained from a health care provider via the Service or for any other information obtained on the website. MHD does not endorse any specific tests, physicians, medications, products or procedures that are recommended by providers that may use MHD to communicate with you. You acknowledge that your reliance on any healthcare providers or information provided by the providers via the Service is solely at your own risk and you assume full responsibility for all risks associated herewith.
MHD does not make any representations or warranties about the training or skill of any healthcare providers who provide services via the Service. You will be provided with a list of available providers located in the U. S. based solely on the information you, your employer or your plan sponsor provides to MHD. You are ultimately responsible for choosing your particular healthcare provider.
1. Ownership Of The Site And Related Materials
All pages within this Site and any material made available for download are the property of MHD. The Site is protected by United States and international copyright and trademark laws.
Except as permitted by the copyright law applicable to you, you may not reproduce or communicate any of the content on this website, including files downloadable from this website, without the permission of MHD. You may not, except with our express written permission, distribute or commercially exploit the content.
2. Electronic Communications
When you use any MHD Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can 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.
3. No Medical Advice or Services
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
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. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR QUALIFIED HEALTH CARE PROFESSIONALS WITH ANY QUESTIONS OR CONCERNS YOU MAY HAVE REGARDING YOUR INDIVIDUAL NEEDS AND ANY MEDICAL CONDITIONS. ALL INFORMATION PROVIDED BY MHD OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY MHD, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS WITH MHD MEDICAL EXPERTS IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND IS IN NO WAY INTENDED TO CREATE A PHYSICIAN – PATIENT RELATIONSHIP AS DEFINED BY LAW. THE SITE AND SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT. RELIANCE ON ANY INFORMATION APPEARING ON THE SITE, WHETHER PROVIDED BY MHD, ITS CONTENT PROVIDERS, MEDICAL EXPERTS, CLIENTS, VISITORS TO THE SITE OR OTHERS, IS SOLELY AT YOUR OWN RISK. WHILE MHD FACILITATES YOUR SELECTION OF, COMMUNICATIONS WITH AND OTHER INTERACTIONS WITH PHYSICIANS, MHD DOES NOT PROVIDE MEDICAL SERVICES AND THE DOCTOR-PATIENT RELATIONSHIP IS BETWEEN YOU AND THE HEALTHCARE PROVIDER YOU SELECT. ALL HEALTHCARE PROVIDERS IDENTIFIED OR ACCESSIBLE ON THE SITE ARE INDEPENDENT PROVIDERS AND ARE NOT EMPLOYED BY OR AFFILIATED WITH MHD.
This site is not an attempt to practice medicine or provide specific medical advice, nor does use of the site establish a doctor-patient relationship. This site does not provide medical advice on the Site, and the Information should not be so construed or used. You should not, on the basis of the information presented on this website, decide to continue or discontinue taking any medication or any other form of medical treatment prescribed for you by a physician without first seeing a physician and seeking his or her professional medical advice.
4. License And Access
Subject to your compliance with these Terms of Use and your payment of any applicable fees, MHD or its content providers grant you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal and non-commercial use of the MHD Services. This license does not include any resale or commercial use of any MHD Service, or its contents; any collection and use of any service listings, descriptions, or prices; any derivative use of any MHD Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, crawlers, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by MHD or its licensors, suppliers, publishers, rights holders, or other content providers. No MHD Service, nor any part of any MHD Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MHD. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MHD without express written consent. You may not use any meta tags or any other “hidden text” utilizing MHD name or trademarks without the express written consent of MHD. You may not misuse the MHD Services. You may use the MHD Services only as permitted by law. The licenses granted by MHD terminate if you do not comply with these Terms of Use.
The Contents of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by MHD. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other proprietary information (including; images, text, page layout, or form) of MHD without our express written consent.
5. Accuracy and Integrity of Information
Although MHD attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. 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 MHD so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, MHD shall have no responsibility or liability for information or Content posted to the Site from any non-MHD affiliated third party.
6. Links to Other Sites
MHD makes no representations whatsoever about any other website that you may access through this Site. When you access a non-MHD site, please understand that it is independent from MHD, and that MHD has no control over the Content on that website. In addition, a link to a non-MHD website does not mean that MHD endorses or accepts any responsibility for the Content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
These links are being provided as a convenience and for informational purposes only; they do not constitute an endorsement or an approval by MHD of any of the products, services or opinions of the corporation or organization or individual. MHD bears no responsibility for the accuracy, legality or content of the external site or for that of subsequent links. Contact the external site for answers to questions regarding its content.
7. User Information
If you submit, upload, post or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site (“User Information”), you agree not to provide any User Information that (1) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to MHD and its Providers that you have the legal right and authorization to provide all User Information to MHD and its Providers for use as set forth herein and required by MDLIVE and the Provider.
Additionally, you agree to indemnify and hold harmless MHD from any liability, cause of action claims and expenses including reasonable attorney’s fees and court costs related to a violation of the terms indicated above and as a result of any information material or content uploaded, transmitted or posted by you on this website. You hereby release and agree to hold harmless and indemnify MHD its directors officers employees agents successors advisors consultants and assigns from any and all liability or causes of action and claims of any nature arising out of or relating in any way to information provided to MHD.
8. Claims of Copyright Infringement
Our website follows the safe harbor provisions of 17 U.S.C. §512, otherwise known as Digital Millennium Copyright Act (“DMCA”)."
We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
MHD respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to MHD Designated Copyright Agent, identified below.
Notices of Alleged Infringement for Content Made Available on the Site
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice (“Notice”) complying with the following requirements.
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Identify the copyrighted works that you claim have been infringed.
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Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
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Provide your mailing address, telephone number, and, if available, email address.
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Include both of the following statements in the body of the Notice:
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“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
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“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.” "Note that under Section 512(f) any person who knowingly and materially misrepresents that material or activity is infringing may be subject to liability for damages.” "Note that under Section 512(f) any person who knowingly and materially misrepresents that material or activity is infringing may be subject to liability for damages.”
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Provide your full legal name and your electronic or physical signature.
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Deliver this Notice, with all items completed, to legal@myhomedoctor.com.