Acceptance Date January 14, 2015
Acceptance of Terms
The Site is owned and operated by SportsMD Media, Inc., a Delaware corporation (the “Company”). The Company reserves the right to revise or remove any part of the Terms in its sole discretion at any time and without prior notice to you. If you disagree with the Terms, your sole remedy is to discontinue your use of this Site.
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911. THE SERVICES ARE NOT FOR USE IN MEDICAL EMERGENCIES OR FOR CRITICAL HEALTH SITUATIONS REQUIRING PROMPT MEDICAL ATTENTION. The service is not intended to be real-time and may not be the best solution when a face-to-face consult is a must.
Using this Site
This site and the company services does not replace your relationship with physician or healthcare provider. The information interpreted (not limited to content of the site and information derived from online consultations) should not be relied upon as a substitute for sound professional medical advice, evaluation or care from your physician or other qualified healthcare provider. This information should be put to be use only after consulting your physician or other healthcare provider. The purpose of the service provided through the Site is to give physicians and their patient’s access to additional information, which they may or may not choose to utilize in planning medical care. Information is provided to inform you on various medical conditions, medical diagnosis and treatment and it does not constitute a direct medical diagnosis, treatment or prescription. Everything on this Site should be used for information purposes only, The Company and Site DOES NOT PROVIDE MEDICAL DIAGNOSIS, TREATMENT, and OR PRESCRIPTION OF ANY KIND. No physician-patient relationship is created by use of this Site.
The service provided through this Site differs from the diagnostic services typically provided by a physician. The medical professionals providing services through this Site will not have the benefit of information that would be obtained by examining you in person and observing your physical condition. Therefore, the medical professional providing services through this Site may not be aware of facts or information that would affect his or her opinion of your diagnosis. To reduce the risk to you of this limitation, the Company strongly encourages you to discuss the second opinion with your physician. By deciding to engage the services of this Site, you acknowledge and agree that you are aware of this limitation and agree to assume the risk of this limitation. Furthermore, you agree and accept that: (i) the diagnosis you will receive is limited and provisional; (ii) the second opinion is not intended to replace a full medical evaluation or an in-person visit with a physician; (iii) the medical professionals providing services through this Site do not have important information that is usually obtained through a physical examination; and (iv) the absence of a physical examination may affect the medical professional’s ability to diagnose your condition or injury.
Whenever you want personal medical advice, treatment, or diagnosis, you should contact your physician or professional healthcare provider and see them in person.
All users must be eighteen years or older. In the case of minor Consumers (under eighteen (18) years), a parent or guardian must accept this Agreement and guide all consultations under the services offered. Your right to use the Services is not transferable.
The User takes full responsibility for ensuring that the information submitted is accurate. The Company shall make no effort to validate any information provided by the Consumer for use in Services with respect to content, correctness or usability. We with an intention to provide the best service possible could ask you to share more information as and when needed.
Use of this Service requires basic familiarity with the Internet, related payment services and general security practices. The Consumer is expected to possess the necessary internet-usage skills and knowledge to avail the Company Services.
You also agree that the second opinion will not be used in any legal dispute including but not limited to litigation, arbitration, claim for disability benefits, claim for worker’s compensation and/or malpractice claims without the prior written consent of the Company. By requesting any service through the Site, you authorize us to collect your medical records on your behalf from any and all facilities that may have such records, store those records, and transmit them to the physician or physicians appropriate for your case.
Independence of Medical Experts
The opinions, statements, answers (collectively “consultation”) provided by the Medical Experts via The Company are solely the individual and independent opinions and statements of such individuals and do not reflect the opinions of The Company, its affiliates or any other organizations or institutions to which such Medical Expert or such specialist or professional is affiliated or provides services. The Company does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on this Site or by a licensee of The Company.
The inclusion of professionals and specialists on or in any professional directory on this site does not imply recommendation or endorsement of such professional nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professional contained therein. Such information is provided on an “as-is” basis and the Company disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose.
You are solely responsible for maintaining the confidentiality of your password and for all activities carried out under your account with the Company. You agree to prohibit anyone else from using your password and immediately notify the Company of any unauthorized use of your password or other security concerns.
No party has the power or authority as agent, employee or in any other capacity to represent, act for, bind or otherwise create or assume any obligation on behalf of the other party for any purpose whatsoever.
Scope of Services
The Company and third-party professionals who offer services through the Site accept no responsibility for any medical, legal or financial events or outcomes related to services achieved through the use of the Site. The Company does not guarantee that a web-based consultation, over-phone consultation or video consultation is the appropriate course of treatment for your particular health problem. You agree to contact your primary care physician immediately should your condition change or your symptoms worsen. If you require urgent care, you agree to contact your local emergency services immediately. The Services are offered on an “as is” and “as available” basis and used by the Consumer solely at his or her own risk.
The Company makes no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free. This includes loss of data or any service interruption caused by the Company employees. The Company is not responsible for transmission errors, corruption of data.
The Site is for personal use. The Site is a service for individuals to use to support their personal health decisions. You may use the Site for personal, but not for commercial, purposes. Organizations, companies, and businesses may not become registered members on the site or use the site through individual members.
Links to Third Party Websites
Third Party Interactions
Our interactions with entities or individuals found on or through this Site or the services provided through the Site, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such entities or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using this Site and disclosing personal information.
You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between you and any third party, you understand and agree that the Company is under no obligation to become involved.
Except as otherwise expressly stated, all Content appearing on this Website is the copyrighted work of the Company or its third party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of the Company and is protected by U.S. and international copyright laws.
If you believe that any Content on this Website violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately at firstname.lastname@example.org with all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint.
Payment and Refund
All fees have to be paid upfront before availing a particular service to the Company. At this stage of operations once a request for service is submitted, No calls for refunds owing to cancellation of request will be considered. The Company does not accept payment in the form of cash, check, money order or insurance reimbursement. Major credit cards (MasterCard, Visa, American Express and Discover) are the only accepted means of payment. When you pay by credit card, you authorize the Company to bill and charge the credit card indicated in your order for any fees and any other amounts provided for in your order as the same become due and payable. In the event that your credit card expires or the Company is otherwise unable to debit the applicable amounts from your credit card, the Company shall provide notice to you, whereupon you shall immediately furnish the Company with a valid credit card account number. Your request for services from this Site will not be fulfilled until full payment has been received and verified.
You agree to indemnify, defend and hold the Company and its directors, officers, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms, or (ii) your activities in connection with this Site.
You acknowledge that your use of the Company Services is solely at your own risk, and that you assume full responsibility for all risks associated therewith. To the extent that any of the Content included on the Site is provided by third party content providers or other users, we have no editorial control or responsibility of such content appearing on the Site. All information, products or services contained on or provided through this website are provided “as is”, without any warranty of any kind, express or implied, to the fullest extent permissible under applicable law. The Company and its Affiliates hereby disclaim all representations and warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, appropriateness, title, non-infringement and freedom from virus strains.
Without limiting the foregoing, the Company and its affiliates make no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Company products and services provided hereunder. The Company makes no representations or warranties about the satisfaction of government regulations.
The Company will take all necessary precautions to protect itself against failure of our hardware and our software. The Consumer acknowledges and agrees that temporary interruptions in service may occur, and that the Company shall have no liability for any claim, cost, charge, loss or expense arising from or relating to use of the Services. The Company makes no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free. The Consumer acknowledges and agrees that in the event of failure, restoration of service may take several days.
Third Party Protection
The indemnification and disclaimers provisions set forth above are for the benefit of the Company and its affiliates. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you, the Consumer on its own behalf.
This Agreement constitutes the entire understanding of the parties, and is agreed to being entered into within the jurisdiction of New York and United Sates of America and shall be governed by and shall be construed in accordance with the laws of New York and the United Sates of America, without giving effect to any choice of law rules or principles.
Any dispute with the Company shall exclusively be subject to the jurisdiction of the appropriate Courts situated in New York and the United Sates of America. No party shall object to removal or prosecution of any litigation to a state court within New York.
I, the User or Patient or Consumer:
a) Understand the risks and benefits of the online consultation
b) Acknowledge and agree to assume the risk of the above mentioned limitations pursuant to the use of the Site. I further understand and agree that no warranty or guarantee has been made to me concerning any consultation on particular diagnosis, result, treatment or cure of my condition.
d) I understand that the consultation through the Company may involve electronic communication of my personal medical information to other medical practitioners who may be located in other areas, including out of state.
e) I further understand that I am informed of presence of Third Party i.e. the consulting Physicians in the consultation and thus have the right to request the following:
1. Omit specific details of my medical history/physical examination that are personally sensitive to me; and/or
2. Terminate the consultation at any time.
SportsMD Media Inc.
74 Freeborn Road
Easton, CT 06612