1. Use of the Site
Virtual Consult MD, LLC doing business as Virtual Consult MD (“Virtual Consult MD”, “we”, “us”, or “our”) operates the website located at www.virtualconsultmd.com and other related websites and mobile applications with links to these Terms of Use (collectively, the “Site”).
We offer online telehealth services (the “Services”) enabling our customers (“Customers”) to engage Virtual Consult MD’s team of providers (“Providers”) to obtain medical and healthcare services (“Services”). By accessing and using the Site, you agree to be bound by these Terms of Use and all other terms and policies that appear on the Site. If you do not wish to be bound by any of these Terms of Use, you may not use the Site or the Services.
2. Healthcare Services
All of the Providers who deliver Services through Virtual Consult MD are independent professionals solely responsible for the services each provides to you. Virtual Consult MD does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by Providers, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither Virtual Consult MD nor any third parties who promote the Services or provide you with a link to the Service shall be liable for any professional advice you obtain from a Provider via the Services.
3. Emergency Room
If you are experiencing a medical emergency, you should call 911 or go to the nearest emergency room. Virtual Consult MD’s services are NOT FOR MEDICAL EMERGENCIES or urgent situations. If you are in crisis, call the National Suicide Prevention Lifeline, a free, 24-hour hot line, at 1.800.273.8255. Virtual Consult MD does not offer crisis counseling or emergency services.
4. Site Content
None of the Site content (other than information you receive from Providers) should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you.
5. Informed Consent
Telehealth is the delivery of health care services using interactive audiovisual technology to connect the patient and the health care professional from different physical locations. During the consultation, details of your health history and personal health information may be discussed with you through the use of interactive video, audio and other telecommunications technology, and your Provider may perform a physical examination through these technologies.
The telehealth Services you receive from Providers are not intended to replace a primary care physician relationship or be your permanent medical home. You should seek emergency help or follow-up care when recommended by a Provider or when otherwise needed, and continue to consult with your primary care physician and other healthcare professionals as recommended. Virtual Consult MD may make arrangements for follow up care either through Virtual Consult MD or other healthcare providers. The goal of Virtual Consult MD is to provide you improved access to healthcare professionals and convenience. However, as with any health service, there are potential risks and limitations associated with the use of telehealth.
These risks include, but may not be limited to:
i. In rare cases, information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate health care decision making by the Provider;
ii. Delays in evaluation or treatment could occur due to failures of the electronic equipment. If this happens, you may be contacted by phone or other means of communication; and
iii. In rare cases, a lack of access to all of your health records may result in adverse drug interactions or allergic reactions or other judgment errors.
iv. Although the electronic systems we use will incorporate network and software security protocols to protect the privacy and security of health information, in rare instances, security protocols could fail, causing a breach of privacy of personal health information.
By accepting these Terms of Use, you acknowledge that you understand and agree with the following:
i. You understand that you may expect the anticipated benefits from the use of telehealth in your care, but that no results can be guaranteed or assured.
ii. You understand that the laws that protect the privacy and security of health information apply to telehealth. Electronic communications are directed to your Provider(s) and their supervisees through a secure, encrypted video interface and electronic health record.
iii. If your health insurance coverage does not include or is not sufficient to satisfy the Services charges in full, you may be fully or partially responsible for payment.
iv. Your Provider may determine that the Services are not appropriate for some or all of your treatment needs, and accordingly may elect not to provide telehealth services to you through the Site.
6. Registration; Passwords
Use of certain portions of our Site requires registration and passwords. You agree that any registration information that you provide shall be correct and complete. If Virtual Consult MD believes or discovers that any registration information is not correct and complete, we have the right to refuse you access to our website and/or to terminate, suspend, or restrict your use of our Site and any services offered by Virtual Consult MD. You agree to maintain the confidentiality of any password(s) you use to access this Site, and you are fully responsible for the actions of any person or entity that accesses this Site using your password. You agree to notify us immediately of any unauthorized use of your password(s).
7. Privacy and Personal Information
You can view Virtual Consult MD’s Privacy Policy. You agree to be bound by our Privacy Policy (as may be amended by us in accordance with its terms), which is hereby incorporated by reference into these Terms of Use, and maintain your data accordingly.
8. Intellectual Property
Virtual Consult MD, LLC owns all rights to the services, the trademarks, content, software, and all intellectual property on or associated with www.virtualconsultmd.com and affiliated website(s). All of the content on our Site, including all text, photographs, graphics, images, videos, format, and other expressions (“Content”) is the property of Virtual Consult MD, or the suppliers of Content. All of the above is protected by applicable United States and international laws. ANY UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE CONTENT CONSTITUTES INFRINGEMENT AND SUBJECTS THE INFRINGER(S) TO ALL CIVIL AND CRIMINAL PENALTIES PROVIDED FOR UNDER DOMESTIC AND INTERNATIONAL LAWS AND TREATIES. You may only use the Content for accessing and understanding such information for individual and personal use. You may not copy, make any reproduction or modification or any derivative work of the foregoing, and may not republish or display any of same, nor may any of same be linked to any other website unless such website provides acknowledgment of ownership of same in Virtual Consult MD or its third party suppliers or licensors. All rights not expressly granted in these Terms of Use are reserved to Virtual Consult MD. No other rights or licenses, whether express, implied, arising by estoppel, or otherwise are conveyed or intended by these Terms of Use.
9. Temporary Use License Granted
Only for the duration of being logged into virtualconsultmd.com’s account, users are granted a non-exclusive, non-transferrable temporary license, subject to the terms and qualifications of Virtual Consult MD’s Terms of Use, Privacy Policy, and all other applicable policies, to use the services provided by our Site solely for personal, non-commercial use. The user is not granted a license or any other right to store any of the services (including any portion of the software or documentation) on any computer or other device, or copy or otherwise use such information to create derivative or duplicative works, websites or services.
10. Indemnification
User agrees to release, indemnify, defend and hold harmless Virtual Consult MD, its affiliates, contractors, agents, employees, officers, members and managers from all liabilities, claims, rights, losses, causes of action, actions and suits (no matter whether in law or in equity), expenses, including attorneys fees, of third parties relating to or arising directly or indirectly, out of or in connection with:
1. User use or misuse of virtualconsultmd.com and/or the services or information posted on this website;
2. User’s subscription to virtualconsultmd.com;
3. User’s breach of the Terms of Use, Privacy Policy and any other terms and conditions of virtualconsultmd.com;
4. User’s relationship with any physician, provider, staff associated with, and providing services for Virtual Consult MD;
5. The content and subject matter of any information user provides to Virtual Consult MD, any of its affiliates, any provider, agent, employee or third-party;
6. Any negligent or wrongful action or omission by user in the use or misuse of virtualconsultmd.com, the services provided herein, or any information posted on this website, including but not limited to, infringement of third-party intellectual property rights, privacy rights, or negligent or wrongful conduct. If and when Virtual Consult MD is threatened with a suit by a third-party, Virtual Consult MD may seek written assurances from user concerning your promise to indemnify Virtual Consult MD;
7. Your failure to provide those assurances may be considered to be a break of these Terms of Use and may result in deactivation of your virtualconsultmd.com account.
11. Governing Law
The validity and interpretation of these Terms of Use, and the rights and obligations of Virtual Consult MD and any person or entity using virtualconsultmd.com, are governed by the internal laws of that State, excluding any choice of law provisions that require application of any other law. By using virtualconsultmd.com, you acknowledge and agree that any dispute that may arise out of your use of virtualconsultmd.com, whether sounding in contract, tort or otherwise, would involve difficult and complex issues, and therefore you agree that any lawsuit growing out of or incidental to any such dispute shall be tried in a court of competent jurisdiction by a judge sitting without a jury.
12. Customer Acceptance
By using the Virtual Consult MD’s website and services, you acknowledge your acceptance of the above Terms of Use, and agree to the terms described with in these Terms of Use. If you do not agree with the Terms of Use, then you should not use Virtual Consult MD’s services.
13. Affiliations
All Members, when referred to medical practitioners by Virtual Consult MD, are encouraged to fully investigate and review all potential practitioners located in their vicinity. Virtual Consult MD does not receive any referral fee from any practitioner to which it refers its Members. All Members are free to select a practitioner of their choosing regardless of Virtual Consult MD’s suggestions. Virtual Consult MD will not refuse service to a Member based solely upon that Member’s choice of practitioner.
