NOTE: YOU WILL NOT BE CHARGE DIRECTLY IF YOUR INSURANCE AND/OR GOVERNMENT AGENCIES PAY FOR THE SERVICE RENDER DURING YOU MEDICAL ENCOUNTER WITH DILIGENT URGENT CARE LLC, VIRTYMD OR ANY OF ITS ASSOCIATES.
1. Services Provided.
DILIGENT URGENT CARE LLC, VIRTYMD AND THEIR ASSOCIATES (FROM NOW ON REFFER AS THE VIRTUAL CLINIC) provides a technology platform and infrastructure to connect individuals with participating physicians, licensed therapists and other licensed health care practitioners (the “Providers”) in real time via live streaming video and/or telephone for the purpose of participating in a health care consultation. THE VIRTUAL CLINIC also provides other types of administrative services and information (“Services”). THE VIRTUAL CLINIC does not interfere with the practice of medicine or other licensed profession by Providers. THE VIRTUAL CLINIC nor any third parties who promote its services shall be liable for any professional advice you obtain from a Provider via the VIRTUAL CLINIC.
Use of This Site and the Services – NOT FOR EMERGENCIES
IF YOU THINK YOU HAVE ANY EMERGENCY, CALL 911, IMMEDIATELY!
2. Prescription Policy.
Providers may prescribe medications when medically indicated in their sole professional judgment, however, due to varying state laws, prescriptions may not be available in your state. THE VIRTUAL CLINIC is not a drug fulfillment warehouse. In the event that a Provider does prescribe a medication, he/she will comply with all applicable federal and state laws and will only prescribe a medication as determined appropriate in his/her sole discretion and professional judgment. THE VIRTUAL CLINIC does not guarantee that a provider will issue a prescription.
NOTE: Prescriptions for DEA controlled substances or scheduled medications, non-therapeutic drugs and certain other drugs which may be harmful because of their potential for abuse are not available via the THE VIRTUAL CLINIC platform.
You agree that any prescriptions that you acquire from a Provider shall be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription.
3. Informed Consent
A. Telemedicine is the delivery of health care services using interactive audio and/or video technology, where the patient and Provider are not in the same physical location. During your telemedicine consultation with a Provider details of your medical or health history and personal health information may be discussed through the use of interactive audio, video, and/or other telecommunications technology, and the Provider may perform a physical exam through these technologies. Depending on your medical or health history and/or specific complaint, you may be asked to provide information through other electronic means, and verify your identity with a driver’s license or other legal document.
B. The telemedicine 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 health care professionals as recommended. We may make arrangements for follow-up care either through the Provider, a health systems partner, or other health care providers. If the transmission fails during your telemedicine consultation with a physician, then a member of our customer support team will contact you to help you get reconnected.
However, there are potentials risks associated with the use of telemedicine. These risks include, but may not be limited to:
1. In some instances the information transmitted may be of insufficient quality to allow for appropriate medical or health care decision making by the Provider (i.e., poor resolution images, etc.);
2. Delays in evaluation or treatment could occur due to failure of the electronic equipment;
3. In some instances a lack of access to all of your medical records may result in adverse drug reactions or allergic reactions or other judgment errors;
4. Although the electronic systems we use will incorporate networks and software security protocols to protect the privacy and security of health information, in some instances, security protocols may fail and cause a breach of privacy and/or personal health information.
5. You understand that you may expect the anticipated benefits from the use of telemedicine in your care, but that no results can be guaranteed or assured;
6. You understand that the laws that protect the privacy and security of health information apply to telemedicine and you have received THE VIRTUAL CLINIC’s privacy practices which describe these protections in more detail;
7. You understand that you are fully responsible for payment; and
8. You understand your Provider, in his or her sole discretion and professional judgment, may determine that telemedicine services are not appropriate for some or all of your treatment needs and, accordingly, may elect not to provide telemedicine services to you through the THE VIRTUAL CLINIC platform.
4. Account Enrollment, Eligibility and Security.
5. Fraud Prevention and Security.
THE VIRTUAL CLINIC may contact you by telephone, TEXT MESSAGE, mail or email to verify your Account information. We may request further information from you and you agree to provide such further information to ensure you have not fraudulently created your Account. If you do not provide this information in the manner requested within 14 days of the request, THE VIRTUAL CLINIC reserves the right to suspend, discontinue or deny your access to and use of the Site and Services, until the information is provided by Customer as requested.
7. Information Provided by You.
As part of the signing up process, you are required to provide us certain personal and medical information. Additionally, it is your responsibility to update THE VIRTUAL CLINIC as promptly as possible with changes to your personal and/or medical information so that all records are current, complete and accurate. At any given time, you may be notified at the email address provided by you to THE VIRTUAL CLINIC that information may be available for your review that is considered time-sensitive, including but not limited to, medical information, diagnosis, and lab results. Please keep this in mind when determining which e-mail address you offer as a contact point. You are obligated to provide us the following information:
o Changes in e-mail address
o Change of address
o Change of phone number
o Change of ownership of account
o Change of credit card number
o Change of banking information
o Change of credit card expiration date
o Change of health insurance information
8. Electronic Medical Record.
9. Limitations on Use.
You agree that you will not use the Site or Services in any unlawful way and/or for any unlawful purpose. You will not post or transmit a message under a false name, or use the network resources of THE VIRTUAL CLINIC to impersonate another person or misrepresent authorization to act on behalf of others. All messages transmitted via THE VIRTUAL CLINIC should correctly identify the sender. You may not alter the attribution of origin in electronic mail messages or posting. You will not allow another person or entity to use your account, username or password to access or use the Services, or post or view comments. You will not attempt to undermine the security or integrity of computing systems or networks of THE VIRTUAL CLINIC, its Partners, or those accessed through or with their product, and must not attempt to gain unauthorized access. You may not harvest or collect PHI about any other individual who uses the Service. You may not post or transmit any data, materials, content or information which is threatening, false, misleading, abusive, libelous, pornographic or profane, or that contains or promotes any virus, worm, Trojan horse, time bomb or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services. You may not tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security or proper function of the Site or the Services. You will not use robots or scripts with the Site. You will not attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code, or information on or received by this Site. You agree to have anti-virus and/or anti-spyware software running that is set to override the Internet browser’s cookie setting.
You further agree that any information you provide or use on the Site, and your use of the Site or Services will not infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties.
10. Operational Functionality.
THE VIRTUAL CLINIC reserves complete and sole discretion with respect to the operation of the THE VIRTUAL CLINIC Services. THE VIRTUAL CLINIC may, among other things withdraw, suspend or discontinue any functionality or feature of the Services. We are not responsible for transmission errors or corruption or compromise of information carried over local or interchange telecommunications carriers. Other than as required by applicable law, THE VIRTUAL CLINIC is not responsible for maintaining information arising from use of the Site or in respect of the Services.
11. Intellectual Property.
With the exception of your EMR, THE VIRTUAL CLINIC retains all right, title and interest in and to THE VIRTUAL CLINIC, the Site, the Services and any Information, products, documentation, software or other materials on the Site, and any patent, copyright, trade secret, trademark, service mark or other intellectual property or proprietary right in any of the foregoing, except for information on the Site licensed to THE VIRTUAL CLINIC in which the licensor retains all right, title and interest. The information available through the Site and the Services is the property of THE VIRTUAL CLINIC, or if licensed by THE VIRTUAL CLINIC, the licensor.
12. International Use.
The Services are designed for and intended for users in the United States. THE VIRTUAL CLINIC makes no representation that the information and services provided on the Site or through the Services are applicable to, appropriate for, or available outside the United States or in all territories within the United States. Accessing the Services from territories where the content is illegal is prohibited.
13. Legal Notices and Disclaimers.
General Disclaimers. YOU ACKNOWLEDGE THAT YOUR USE OF THE THE VIRTUAL CLINIC SERVICES IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. ALL INFORMATION, PRODUCTS OR SERVICES CONTAINED ON OR PROVIDED THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW F2F AND ITS SHAREHOLDERS, AFFILIATES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES OR OTHER REPRESENTATIVES (COLLECTIVELY, “AFFILIATES”) HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS STRAINS. WITHOUT LIMITING THE FOREGOING, THE VIRTUAL CLINIC AND ITS AFFILIATES MAKE NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE PRODUCTS AND SERVICES PROVIDED HEREUNDER. F2F MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT: THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS; OR ANY TREATMENT, ACTION OR APPLICATION OR PREPARATION OF MEDICATION BASED ON INFORMATION OFFERED OR PROVIDED THROUGH THE SERVICES.
Medical Disclaimers. THE VIRTUAL CLINIC makes no representation or warranty as to the content of any treatment response from any Provider. Providers are independent contractors and not employees of THE VIRTUAL CLINIC. You and your physician are solely responsible for all information and/or communication sent during a video and/or telephone consultation or other communication. THE VIRTUAL CLINIC does not guarantee that a video and/or telephone consultation is the appropriate course of treatment for your particular health care problem. Furthermore, telemedicine is not a substitute for your primary care physician. You agree to contact your physician immediately should your condition change or your symptoms worsen. If you require urgent care, you should contact your local emergency services immediately. You acknowledge and agree that THE VIRTUAL CLINIC does not provide medical advice, diagnosis, or treatment, but strictly provides a technology platform and infrastructure for connecting patients with independent third party network providers.
Content Disclaimers. No information found on this Site should be relied on as professional medical advice. Nothing contained in this Site should be construed, directly or indirectly, as the practice of medicine or providing medical services by THE VIRTUAL CLINIC. The information and Services provided on or through this Site are intended solely as general educational material and provide a mechanism to find and connect to a Provider who, subject to his or her professional responsibilities, may or may not provide you with medical care. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition, and before starting, stopping or modifying any treatment or medication. Never delay obtaining medical advice or disregard medical advice because of something you have or have not read on this Site. THE VIRTUAL CLINIC makes no warranties or representations as to the accuracy of the information provided on the Site, and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information and material on the Site. You assume the entire risk of loss in using the Site and information contained in the Site.
14. Service Reliability and Warranties.
THE VIRTUAL CLINIC makes no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, 100% secure, or error free, or that defects, if any, will be corrected, including loss of data resulting from delays, and any service interruption caused by THE VIRTUAL CLINIC employees. THE VIRTUAL CLINIC is not responsible for transmission errors or corruption or compromise of data carried over local or interchange telecommunication carriers.
THE VIRTUAL CLINIC will take commercially reasonable precautions to protect against failure of our equipment and software. The Customer acknowledges and agrees that temporary interruptions in service may occur, and that THE VIRTUAL CLINIC shall have no liability for any claim, cost, charge, loss or expense arising from or relating to use of the Services. The Customer acknowledges and agrees that data may be lost or corrupted in connection with use of the Services. THE VIRTUAL CLINIC may perform regular back-ups of all data stored, but shall have no liability to Customer in the event all data is lost or destroyed. Customer acknowledges and agrees that in the event restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of the Services.
16. Limitation of Liability.
EXCEPT AS PROHIBITED BY LAW, AND WITHOUT LIMITATION:
THE VIRTUAL CLINIC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR THE ACTS OR OMMISSIONS OF ANY OF THE INDEPENDENT PROVIDERS.
IN NO EVENT SHALL THE VIRTUAL CLINIC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, NOR ANY OF ITS AFFILIATES, BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF THE LIQUIDATED SUM OF $75.00. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE VIRTUAL CLINIC OR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, THAT RESULT FROM, ARISE OUT OF, OR ARE IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS SITE OR ANY SERVICE OFFERED THROUGH THIS SITE OR ANY MATERIAL OR INFORMATION CONTAINED IN, ACCESSED THROUGH, OR PRODUCTS PURCHASED ON THIS WEB SITE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF FACE2FACEMDMD™ IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME. TO THE EXTENT CERTAIN JURSIDICTIONS RESTRICT ANY OF THE ABOVE LIMITATIONS OF LIABILITY; SUCH LIMITATIONS SHALL NOT APPLY IN SUCH JURISDICTIONS TO THE EXTENT OF SUCH RESTRICTIONS. YOU ACKNOWLEDGE AND AGREE THAT DUC’S AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES, IN CIRCUMSTANCES WHERE THE FOREGOING LIMITATION IS FINALLY DETERMINED TO BE UNAVAILABLE SHALL BE THE MINIMUM PERMITTED BY LAW.
YOU AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES, AND LIMITATIONS OF LIABILITY.
YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE VIRTUAL CLINIC AND ITS SERVICES OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICES CAUSED BY YOU OR ANY PERSON USING YOUR USER NAME OR PASSWORD.MID DOES NOT ASSUME ANY LIABILITY ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR MISUSE OF ANY OF THE ADVICE, IDEAS, INFORMATION, INSTRUCTIONS, OR GUIDELINES ACCESSED THROUGH THE SERVICES.
17. Third Party Protection.
The Indemnification, Limitation of Liability, and Disclaimers provisions set forth above are for the benefit of THE VIRTUAL CLINIC, and its Affiliates. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
18. Termination and Survival.
19. Force Majeure.
Notwithstanding anything herein to the contrary, THE VIRTUAL CLINIC shall not be liable for any losses arising out of the delay or interruption of its performances of any obligations due to any act of God, act of governmental authority, act of public enemy, war, severe weather conditions, or any other cause beyond its control.
20. No Third Party Rights.
23. Governing Law, Jurisdiction, and Venue.
24. Enforcement Costs.
25. Waiver of Jury Trial.
28. Entire Agreement.
29. Comments, Suggestions and Submissions.
THE VIRTUAL CLINIC welcomes comments, suggestions and submissions by its Customers. Any comments, suggestions and submissions made by Customers, including but not limited to, messages, notes, feedback, artwork, communications, computer code or creative materials provided to THE VIRTUAL CLINIC shall become the exclusive property of THE VIRTUAL CLINIC. At the time the comment, suggestion, and/or submission is made it shall act as a full assignment to THE VIRTUAL CLINIC of all rights whatsoever (copyright, patentability, and intellectual property). THE VIRTUAL CLINIC shall have the right to use said comment, suggestion, and/or submission as its own for all legal purposes including but not limited to reproduction, disclosure, publishing, distribution and the like without any compensation to Customer. This section shall not include any personal information submitted by Customer that would be included as part of the Health Information Portability and Accountability Act of 1996. Please submit comments and suggestions to Customer Service at DUCTELEMED@GMAIL.COM.
Conneticut - Suffield Academy:
Please note that you agree for Diligent Urgent Care OUR ITS ASSOCIATES/AFFILIATES to share your results and medical note with the Suffield Academy after be seeing and tested using our platform.
NJCU Students Clarification Statement:
Due to active Executive Order related to COVID19 and, following up regulation protocols from the NJCU university, If you are a student, you hereby consent to release your medical records to your school and to contact tracers from Clinical Staffing Soutions, LLC.