Terms of Use and Subscription Agreement for Services

TERMS OF USE AND SUBSCRIPTION AGREEMENT FOR SERVICES

MEDICAL DISCLAIMER

 

THIS WEBSITE DOES NOT PROVIDE MEDICAL INFORMATION OR ADVICE.  BOSTON MD DOES NOT PROVIDE ANY DIRECT CLINICAL MEDICAL SERVICES.  IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CONTACT A PHYSICIAN OR EMERGENCY CARE PROVIDER IN YOUR AREA

 

Effective Date:  October 1, 2018

 

These Terms of Use and Subscription Agreement for Services (“Terms”) constitute a legal agreement between you and Boston MD, LLC  (“Boston MD,” “we,” “us,” or “our”).  PLEASE REVIEW THESE TERMS CAREFULLY.

 

APPLICATION OF TERMS

 

For visitors to our website at www.bostonmd.org, any related websites, and/or mobile applications owned and controlled by us (the “Site(s)”), these Terms govern your use of the information provided through the Sites when you access our Sites.  (Certain of these Terms may apply only to our members.)  If you do not agree to these Terms, do not use our Sites.

 

If and when you become a Member, we ask that you acknowledge receipt of, and agree to the terms and conditions of, these Terms, and Boston MD’s Privacy Notice, and HIPAA Notice.  If you become a member and recipient of our services, these Terms govern the use of our services (defined below). You are agreeing to all the Terms herein, including authorizing us to receive your health information and other personal information from Third-Party Providers and authorizing us to discuss and disclose such information with Third-Party Providers in order for Boston MD to provide you with our services.

 

PRIVACY NOTICE AND HIPPA NOTICE FOR HEALTH INFORMATION

 

By visiting the Site, you consent to our processing your information consistent with our Privacy Notice and to receive the HIPAA Notice of Privacy Practices (the “Notice”) from Boston MD.  Boston MD respects and upholds Member confidentiality with respect to protected health information as outlined by the Health Insurance Portability and Accountability Act (“HIPAA”), in accordance with our HIPAA Notice.  Subject to HIPAA regulations, we will obtain express consent from our members prior to sharing any individual identifiable health information to a third party for purposes other than providing our Services or for purposes of receiving payment.

 

IMPORTANT INFORMATION ABOUT YOUR USE OF OUR SERVICES

 

Boston MD does not provide any direct clinical medical services.  Rather, we provide consultation and guidance about emergency medical care on a paid subscription basis (“Services”).  Our Services are provided to you by licensed medical doctors (“Consultants“).  Your interactions with Boston MD’s Consultants via the Services are not intended to take the place of hands-on medical care directly from your primary care provider, third-party physicians, and other health care providers, who may include medical practitioners, specialists, and/or subspecialists (“Third-Party Provider(s)”).  To access the Services, you must enroll as a member as described below in MEMBERSHIP ENROLLMENT AND YOUR RESPONSIBILITIES.

 

MEMBERSHIP ENROLLMENT AND YOUR RESPONSIBILITIES

 

To access and use our Services, you must first establish an individual user account (“Account”), by providing certain information on the enrollment form, and paying a subscription fee to become a member (“Member”).  You agree that you will not create more than one Account, or create an Account for anyone other than yourself (with the exception of subaccounts established for minor children of whom you are a parent or legal guardian).  You agree to provide true, accurate, current, and complete information on the Account enrollment form and to keep this information current and updated as needed.

 

You represent and warrant that you are at least 18 years of age and possess the legal right and ability, on behalf of yourself or a minor child of whom you are a parent or legal guardian, to agree to these Terms.

 

You hereby certify that all information you provide to us, including without limitation all information about your location, condition, health, and residence, is true.  You acknowledge that your ability to access and use the Services is conditioned upon the truthfulness of this certification and that our Consultants you access through the Services are relying upon this certification in order to interact with you.  In the event that your certification is inaccurate, you agree to indemnify Boston MD and our Consultants from any resulting damages, costs, or claims.

 

Our Services may not be covered by insurance.  But if you provide information about your health insurance, Medicare or Medicaid, you hereby certify that all such information you provide to us is and will be correct.  If you provide false or deceptive information, Boston MD reserves the right to terminate all current or future use of the Services by you.

 

MEMBERSHIP PAYMENT AUTHORIZATION

 

In becoming a Member and by providing a credit card or other payment method accepted by Boston MD (“Payment Method”), you are expressly agreeing that we are authorized to charge to the Payment Method any fees for your use of the Services, together with any applicable taxes.  Membership fees for services many not be covered by insurance.  If covered by insurance, additional co-pay amounts may be due.

You agree that authorizations to charge your Payment Method remain in effect until you cancel it in writing, and you agree to notify Boston MD of any changes to your Payment Method.  You certify that you are an authorized user of the Payment Method and will not dispute charges for the Services.  In the case of a transaction rejected for insufficient funds, Boston MD may at its discretion attempt to process the charge again at any time within thirty (30) days.

You acknowledge and agree that fees for Services may increase at any renewal term.

 

PASSWORD SECURITY

 

In the event that we provide you, as a Member, access to secure portions of our Sites, you are solely responsible for the security of your username and password, and for any use of the Services using your username and password.  You should not share your username or password with any third party or allow any third party to access the Services using your username and password.  You agree to notify us if you have any reason to believe that your username or password has been lost, compromised, or misused in any way.  We reserve the right to revoke or deactivate your username and password at any time.

 

PROHIBITED USE OF THE SITES

 

In using the Sites, You may not access or use, or attempt to access or use, the Sites to take any action that could harm us or any third party, interfere with the operation of the Sites, or use the Sites in a manner that violates any laws.  For example, and without limitation, you may not:

  • transmit any message or information under a false name or otherwise misrepresent your affiliation or the origin of materials you transmit;
  • provide information on the enrollment form that is untrue, inaccurate, not current, or incomplete;
  • transmit any message or information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening, or hateful;
  • transmit any message or information that infringes or violates the intellectual property, privacy, or publicity rights of others;
  • reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate content received through the Sites to anyone without prior express permission;
  • engage in unauthorized spidering, “scraping,” or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
  • take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
  • use any device, software, or routine to interfere or attempt to interfere with the proper working of the Sites or any activity conducted on the Sites or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
  • attempt to modify, translate, decipher, decompile, disassemble, reverse-engineer, or create derivative works of any of the software comprising or in any way making up a part of the Sites; or
  • engage in any other conduct that restricts or inhibits any person from using or enjoying the Sites, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.

 

Violations of system or network security may result in civil or criminal liability.  We may investigate and work with law enforcement authorities to prosecute users who violate the Terms.  We may suspend or terminate your access to the Sites for any or no reason at any time without notice.

 

INTELLECTUAL PROPERTY RIGHTS IN THE SITES

 

All content of the Sites is protected under the copyright laws of the United States and other countries.  All copyrights in the Sites are owned by us or our third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws. You may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Sites without our written consent.  If you download a mobile application, that will be subject to our Application License Agreement.

 

All rights in the name, Boston MD, and other company names, trade names, logos, service marks, trade dress, slogans, and designs of the Sites, used in connection with the Services, whether or not marked with the trademark symbol, belong exclusively to Boston MD or its licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as authorized herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of Boston MD, its affiliates, or any third party.

 

EXTERNAL LINKS TO THIRD-PARTY WEBSITES

 

The Services may provide links to third-party websites and content.  You acknowledge and agree that we are not responsible for such third-party content on such websites, and we do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such content.

 

CONSENT TO SERVICES

 

Our Services do not constitute medical treatment.  Our Services involve remote communications and information to help you and Third-Party Providers make decisions about your emergency health care when you are away from your home.  The information may be used for diagnosis, therapy, follow-up and/or education, and communications may include live two-way audio and video and the use of other materials (e.g., medical records, data from medical devices).

 

The anticipated benefits of our Services are to improve access to medical information by enabling you to consult with doctors while traveling away from your home; and to have more efficient medical evaluation and management in the event of a medical emergency while travelling away from home.

 

There are potential risks associated with the use of Services, even though the risks may be very low. These risks may include, without limitation, the following:

 

  • Delays in medical evaluation and consultation or treatment may occur due to failures of phone or Internet communications.
  • Security protocols could fail, causing a breach of privacy of personal health information.
  • Lack of access to complete medical records may result in adverse drug interactions or allergic reactions or other negative outcomes.

 

By accepting these Terms, you acknowledge that you understand and agree with the following:

 

  1. I understand that the laws that protect privacy and the confidentiality of medical information may also apply to Services; I have received the HIPAA Notice which explains these issues in greater detail.
  2. I understand that Services may involve electronic communication of my personal health information to medical practitioners who may be located in other areas, including outside the United States.
  3. I understand that I may expect the anticipated benefits from the use of Services in my care, but that no results can be guaranteed or assured.
  4. I understand that my healthcare information may be shared with others (including Third-Party Providers and health insurers) for treatment, payment, and healthcare operations purposes, as provided in the HIPAA Notice.

 

NO ENDORSEMENTS

 

You should always talk to an appropriately qualified Third-Party Provider for hands-on diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you.  NEITHER BOSTON MD DOES NOR THE CONSULTANTS REPRESENT OR WARRANT THAT ANY PARTICULAR MEDICATION OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU.  Boston MD does not endorse any specific tests, medications, products, procedures, or Third-Party Providers.

 

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

 

Neither Boston MD nor any of its Consultants, employees, managers, directors, contractors, affiliates, licensors, suppliers, subcontractors, agents, or assigns make any representations or warranties about the Services or advice provided by a Consultant and expressly disclaim any and all liability resulting from the Services, including but not limited to liability for medical malpractice.  You acknowledge your reliance on our Services and information provided by Consultants is solely at your own risk and you assume full responsibility for all risk associated therewith.  Boston MD has no control over the training or skill of any Third-Party Providers.  You are ultimately responsible for choosing your particular Third-Party Providers.

 

The Services are provided “as is” without warranties of any kind, either express or implied, including without limitation warranties of title, merchantability, fitness for a particular purpose, non-infringement, or other violation of rights. We do not warrant the adequacy, currency, accuracy, likely results, or completeness of the Services or that any mobile applications or communications devices used with Services, will be uninterrupted, virus-free, or error-free.

 

In no event will Boston MD, its Consultants, employees, managers, directors, contractors, affiliates, licensors, suppliers, subcontractors, agents, or assigns be liable for any personal injury, death, damage to property or any direct or indirect, special, incidental, consequential or punitive damages, lost profits, or other damages whatsoever arising in connection with the use of the Services, any interruption in availability of the Services, delay in operation or transmission, computer virus, loss of data, or use, misuse, reliance, review, manipulation, or other utilization in any manner whatsoever of the Services or the data collected through the Services, even if the parties have been advised of the possibility of such damages or loss.  BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, BOSTON MD’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

You agree that your sole remedy for any claim arising out of or connected with the Services will be to cease using the Services.

 

RELEASE

 

Without limiting anything provided herein, notwithstanding any other agreement you may have with Boston MD, and to the extent permitted under applicable laws, you hereby release Boston MD, its Consultants, and its agent(s) from any liability related to (a) the Services, (b) any information provided by Consultants, and (c) any treatment by a Third-Party Provider.

 

INDEMNIFICATION

 

You agree to indemnify, defend and hold us and our Consultants, employees, managers, directors, contractors, affiliates, licensors, suppliers, subcontractors, agents, and assigns harmless from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to or associated with your use of the Services, the acts and omissions of Third-Party Providers, and any alleged violation by you of these Terms.  We reserve the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this section.  In such event, you shall provide us with such cooperation as we reasonably request.

 

CHOICE OF LAW AND FORUM

 

The Services are intended for use by residents of the United States.  You agree that your access to and use of the Services will be governed by and will be construed in accordance with the laws of the Commonwealth of Massachusetts without regard to principles of conflicts of laws.  You agree that any claim or dispute against us arising out of or relating to the Services must be resolved by a federal district court located in Boston, Massachusetts, unless agreed upon by all parties.

 

MISCELLANEOUS

 

These Terms, our Privacy Notice and HIPAA Notice constitute the entire agreement between you and us, and supersede any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us.  In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Services.

 

Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violations.  Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use.

 

HOW TO CONTACT US

 

If you have any queries, questions or concerns about these Terms, please contact us at info@bostonmd.org or write to us at22 Welgate Road, Medford, MA  02155.

 

LEGAL NOTICES

 

Copyright © Copyright 2018 Boston MD, LLC. All rights reserved.

BOSTON MD, and logos on this Site are trademarks of Boston MD, LLC.