The iVisitMD™ Website is a unique healthcare platform connecting patients experiencing urgent symptoms to physicians, urgent care centers, emergency rooms and hospitals in their community. We are committed to fostering relationships based on excellence, accessibility, availability and exceptional service. As health care landscape rapidly changes, we are at the forefront of rethinking how we can make it better. We empower your health by providing rapid access to local medical care resources. You transform your health by taking the next step, and creating relationships with the community-based medical professionals.
Our Website provides GPS-based listings of medical practitioners and facilities in real time, as well as symptom-guided, proprietary rapid evaluation tools based on medical evidence and information provided by users like you. The iVisitMD™ Website guides users through questionnaires and provides non-binding recommendations most appropriate to users’ needs. The Website also provides access to medical professionals through GPS-guided technology, including emergency departments, urgent care centers, and office-based professionals. A variable subset of office-based professionals is available at any given time for a walk-in visit (iVisitMD Now™, fees apply), including video “visits.” Please note that while iVisitMD™ provides users with an ability to connect with and schedule walk-in visits with medical and paramedical professionals, it does not provide for access to (i) electronic medical records, (ii) medical insurance or verification of insurance, (iii) diagnostic testing, (iv) treatment, (v) prescriptions, (vi) tele-monitoring, or (vii) laboratory services.
OUR WEBSITE DOES NOT PROVIDE MEDICAL ADVICE
The text, graphics, images and other material contained on the iVisitMD™ Website (the "Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding any medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the iVisitMD™ Website!
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. iVisitMD™ does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on our Website. Reliance on any information provided by iVisitMD™ or others appearing on the Website at the invitation of iVisitMD™ is solely at your own risk.
Please note that the use of iVisitMD™ Website does NOT constitute a patient-physician relationship. The Website does not allow for detailed history taking, physical examination, ancillary testing or prescription of medications and supplies. The Website merely provides rapid guidance for symptoms that merit urgent care and allow geographic location and referrals to medical professionals for further work up, including walk-in visits.
USE OF CONTENT
iVisitMD™ authorizes visitors and registered users to view the materials on the iVisitMD™ Website solely for their personal, noncommercial use. Special rules for the use of certain tools and services accessible on the iVisitMD™ Website may be included elsewhere within the Website and are incorporated into these Terms and Conditions by reference.
The Content of this Website is protected by copyright under both United States and foreign laws. Title to the Content remains with iVisitMD™ at all times. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of iVisitMD™. All rights not expressly granted herein are reserved to iVisitMD™.
If visitors or registered users violate any of these Terms and Conditions, their permission to use the Content automatically terminates and they must immediately destroy any copies made of any portion of
iVISTITMD AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, iVisitMD™ and its suppliers make no representations or warranties about (i) the accuracy, reliability, completeness, currentness or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the iVisitMD™ Website; and (ii) the satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the iVisitMD™ Website.
FEATURES AND SERVICES PROVIDED TO VISITORS AND REGISTERED USERS
Use of a dynamic map locating available medical care settings and use of search functions by zip code, insurance and medical specialty is free to all users. No registration is required for the search features.
Use of iVisitMD™ ACUTE SYMPTOMS CHECK is entirely free for all registered users of the Website.
iVisitMD911 uses proprietary ACUTE SYMPTOMS CHECK based on medical evidence and clinical experience. The ACUTE SYMPTOMS CHECK collects limited information provided by registered users through a series of brief multiple choice questions. The ACUTE SYMPTOMS CHECK was developed by physicians from multiple specialties, including emergency medicine, cardiology, internal medicine, gynecology, gastroenterology, pulmonology, neurology and surgery. The ACUTE SYMPTOMS CHECK provides guidance for acute symptoms that may be due to medical emergency. Please note that use of iVistMD911 is NOT a substitute for a full evaluation by a licensed physician or medical practitioner. Use of the ACUTE SYMPTOMS CHECK does not constitute doctor-patient encounter, and no diagnosis and treatment are provided. iVisitMD911 provides a location-specific listing of medical facilities, such as emergency rooms, urgent care centers and physician offices. These medical facilities are not affiliated with our Website, and no services, facilities or professionals are endorsed by us. The ACUTE SYMPTOMS CHECK provides non-binding recommendations for visits to such facilities. The ACUTE SYMPTOMS CHECK can be used by patients and medical professionals to locate available medical resources in the community.
iVisitMD Now is a free feature available to all registered professional users of the website. It allows medical professionals to schedule location-specific sessions for live phone interaction and walk-in visits. Using the ACUTE SYMPTOMS CHECK, patient users may be provided with a listing of medical professionals who activated this feature. The feature allows patient users to contact up to two (2) medical offices or practitioners within two (2) hours of completion of the ACUTE SYMPTOMS CHECK for scheduling walk-in visits. It bears a flat fee of $40.00, which will be charged by iVisitMD™ and is not refundable. Patient users have two (2) hour window upon completion of the ACUTE SYMPTOMS CHECK to contact an office location or practitioner by phone for a walk-in visit, and can re-select once with no extra charge. A new ACUTE SYMPTOMS CHECK and an additional fee are required after expiration of two (2) hours. The fees charged by iVisitMD™ are not part of an office visit to any practitioner, and cannot be used as co-payment or applied to the insurance deductible. Selecting emergency departments or urgent care clinics carries no fee. All iVisitMD users agree not to circumvent this service and not to engage in any activity intended to connect them to medical professionals available on the iVisitMD Website through other web-based resources.
This tool serves as an essential safety check for the users, who are enabled to immediately contact medical practitioners to make sure that their symptoms warrant a walk-in-visit. Please note that this fee is not charged by or shared in any way with physicians. The fee allows a “safety check” phone call to a medical practitioner’s office with a response within a reasonable period of time, such as one hour. The purpose of a phone call is to ascertain whether the acuity of the symptoms is appropriate for an office visit, and to obtain a walk-in visit as soon as possible, or within a reasonable period of time, such as several hours. It is not anticipated that any diagnoses, prescriptions or treatments will be rendered during the “safety check” phone calls. Participating medical practitioners may, at their discretion, refer patient users to emergency room facilities if the acuity of symptoms, in their professional opinion, warrants such referrals. Phone conversations between users and medical practitioners of facilities facilitated by iVistMD Now do not form doctor-patient relationships and are not substitute for traditional face-to-face encounters with medical practitioners.
iVisitMD Connect, our EXPLORE AND CONNECT feature, is a location-specific listing of medical professionals in various practice settings that can be used by registered users and offer social network connection to certain medical practices and facilities registered with iVistMD™ as premium account holders. It is designed for non-emergency visits.
PREMIUM SERVICES, FEES AND SCHEDULING FOR PROFESSIONAL ENTITIES
a. iVisitMD™ provides both free and premium listings of physicians, physician groups, urgent care centers and emergency departments (referred to collectively as “Professional Entities”). By using this Website, these Professional Entities agree to (i) accept and comply with these Terms of Use; (ii) warrant and represent that they will hold iVisitMD™ harmless for all and any decisions made by the Website users and contacted professional entities during consultations, evaluation and treatment(s) outside of this Website interface; (iii) hold unrestricted medical license and are permitted to practice medicine within their specialty scope of practice; (iv) have a valid medical malpractice certificate.
b. Professional Entities must establish one account type that may include multiple locations. Multiple locations associated with a unique professional entity cannot have multiple account types. All professional registrations must include an individual, and, when available, an organizational National Provider Identifier (NPI) number. All registrations are validated through publicly accessible NPI database to ensure professional user identity. The database is updated monthly.
c. Each location associated with professional entity has an option of engaging in the live patient phone call and walk in visits using iVisitMD™ Now feature.
d. Free listing on the Website will include (i) Professional Entities’ name, (ii) location(s) address, (iii) contract email and phone number(s), (iv) name of administrative contact, and (v) medical specialty. Access to ivisitMD Now and patient reviews are included. Free listing can be upgraded to a premium listing at any time.
e. Premium listings include all the features of the free listings with the following additional features: expanded practice profile, designated status in the web search, and social network connections. A premium listing can be downgraded to a free listing. iVisitMD™ is not responsible for the content of the expanded practice profiles.
f. Fees for premium listing are $150 a month, automatically renewable at 28 days intervals until cancelled. If a subscription is cancelled at any time after the renewal has taken place, the fees applicable to the current 28 day cycle will not be refunded. Premium listing becomes free listing upon cancellation with loss of the premium features at the end of the last cycle billed. Premium listing becomes free listing upon cancellation with loss of the premium features. If the premium account is renewed at any time after cancellation, a new 28 day billing cycle will ensue.
g. iVisitMD Now™ feature provides a live phone contact with a medical or paramedical professional. This feature can be activated by any registered location of a Professional Entity. A designated clinical responder is required for any location with activated iVisitMD Now™ feature. Activated iVisitMD Now™ locations will receive the most favorable position listing on the web site upon geo-specific search in the following order: premium listings, followed by 5-star champions (most 5 star patient reviews in 30 days) followed by other locations in alpha order. iVisitMD Now™ activation is available for any time up to 6 months in advance. Once initiated iVisitMD Now™ can be terminated or modified at any time. A yellow star marks the activated listing, with session expiration time indicated. iVisitMD Now™ activation can be cancelled at any time prior to commencement of the session if scheduled in advance. Licensed medical care professionals and facilities agree to one hour response time for paid, urgent phone contacts initiated by patient users. Failure to comply with one hour response rule on more than one (1) occasion will result in an immediate revocation of the listing and cancellation of the provider participation and forfeiture of the subscription fees to the end of the subscription cycle. Professional Entities participating in this feature agree not to seek any compensation from iVisitMD for the “safety check” phone call, not to render any diagnosis, treatment or prescription, and not to engage in any activity that will undermine or circumvent these Terms of Use. Professional Entities participating in this feature further warrant that the physicians and medical professionals in their employ are in good standing in the community, with no professional sanctions or investigations against them, and are fully licensed and insured, as required by applicable laws.
h. Physicians engaged in telemedicine services warrant and represent that their participation is within the scope of practice as defined by the applicable state laws.
i. iVisitMD™ reserves the right to discontinue any Professional Entity subscription at any time for an unprofessional behavior including but not limited to failure to be available during iVisitMD Now™ session within one (1) hour of contact, lack of valid board certification(s), suspended medical license, lack of malpractice insurance coverage, or violation of other terms of the subscription, including less than favorable patient reviews for 50% or more of the iVisitMD Now™ sessions.
j. Each Professional Entity warrants that it will maintain all PHI contact inquiries transmitted electronically in a secure manner, and will make those a permanent part of the secure electronic medical record as applicable to the episode of use. Moreover, each Professional Entity warrants that it will provide due breach notification as outlined in the Privacy Policy.
k. Each Professional Entity participating as premium subscribers agrees to provide its social networking information as accurately as possible, and to interact with patient users in a respectful and private manner. Such entities agree not to solicit personally identifiable information, including patient names, medical diagnoses, medications or insurance information privately or publicly through the social networks.
u PRIVACY POLICY AND NON-DISCLOSURE OF CERTAIN INFORMATION
The personal information you submit to iVisitMD™ is governed by the iVisitMD™ Privacy Policy. To the extent there is an inconsistency between this Agreement and the iVisitMD™ Privacy Policy, this Agreement shall govern.
The Health Information Technology for Economic and Clinical Health (HITECH) Act, part of the American Recovery and Reinvestment Act of 2009, made several important changes to the HIPAA (Health Information Portability and Accountability Act) Security Rule. While symptom questionnaires provided through iVisitMD™ Website most likely are NOT considered protected health information, we share the importance of privacy in the lives of our visitors and users and took important steps to maintain high privacy standards at all times. Please note that personally identifiable information exchanged through iVisitMD™ Website is de-identified, encrypted and secured in accordance with the HIPAA final omnibus rule in effect as of September 23, 2013. As provided in our Privacy Policy, no personal information is eligible for disclosure to third-parties, unless authorized by a patient user. By using iVisitMD™ Website all users agree that iVisitMD™ affiliated physicians, licensed medical professionals and administrative personnel of the participating medical professional entities are granted limited authorization to access the protected information in conjunction with the episode of use initiated through the Website.
In compliance with the omnibus rule, patient users will be provided with electronic copy of their symptom questionnaire and non-binding recommendation, and can request a restriction on the disclosure of protected information to their health plan if paying out of pocket in full. The protected information exchanged through the application is not permissible for sale, marketing and fundraising purposes.
As more fully provided in iVisitMD™ Privacy Policy, the nature and extent of the protected health information gathered through this Website includes patient specific identifiers, such as first name, last name, age, gender, and address which are rendered secure (unusable, unreadable and indecipherable) through use of technology. Such protected health information is considered low-risk if breach occurs.
Registered users will be notified in case of a breach by notice to email accounts registered with iVisitMD™. Business associates, or people or organizations that conduct business with the iVisitMD™ that involves the use or disclosure of individually identifiable health information, will also provide notice to covered entities no later than sixty (60) days after the discovery of a breach of unsecured protected health information.
REGISTERED USERS IDs and PASSWORDS
iVisitMD™ has several tools that allow its registered users to record and store information. Registered users are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to their iVisitMD™ password(s) or account(s). It is sole responsibility of the users to (i) control the dissemination and use of sign-in name, screen name and passwords; (ii) authorize, monitor, and control access to and use of iVisitMD™ account and password; (iii) promptly inform iVisitMD™ if users believe their accounts or passwords have been compromised or if there is any other reason creating a need to deactivate passwords.
To send us an email, use the "Contact Us" links located at the bottom of every page of our site. By using our Website, all users grant iVisitMD™ and persons or entities involved in the operation of the Website the right to transmit, monitor, retrieve and store users’ information in connection with the operation of the Website. iVisitMD™ cannot and does not assume any responsibility or liability for any information submitted by its users, or users’ or third parties' use or misuse of information transmitted or received using iVisitMD™ tools and services.
ADVERTISEMENTS, SEARCHES, AND LINKS TO OTHER WEBSITES
iVisitMD™ provides links to third-party web sites. iVisitMD™ also may select certain sites as priority responses to search terms you enter and iVisitMD™ may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. iVisitMD™ does not recommend and does not endorse the content on any third-party website(s). iVisitMD™ is not responsible for the content of linked third-party sites, sites framed within the iVisitMD™ Website, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. iVistiMD visitors and users’ browsing and use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. iVisitMD™ does not endorse any product, service, or treatment advertised on the iVisitMD™ Website.
While iVsitMD through its Website will provide verification of a medical practitioner or facility email information and location, it is not providing medical professionals’ credentials verification, insurance verification, or professional and licensure certification verifications. Any and all content provided by third parties, including promotional and educational materials, is at the sole discretion of such parties. iVisitMD™ reserves the right to remove objectionable and erroneous content, and to discontinue its relationships with third parties.
INDEMNITY
Use of the iVisitMD™ Website and the Content is at your own risk. All visitors and users agree to defend, indemnify, and hold iVisitMD™, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions. iVisitMD™ IS NOT RESPONSIBLE FOR ANY AND ALL MEDICAL LIABILITY ISSUES THAT MAY ARISE AS A RESULT OF A MEDICAL PRACTITIONER OR A PROFESSIONAL ENTITY FAILURE TO RENDER APPROPRIATE DIAGNOSIS OF TREATMENT.
In using this Website, all visitors and users warrant and represent that they are personally assuming the risk of their respective symptoms possibly being due to life-threatening conditions that require immediate medical attention. All visitors and users agree to indemnify and hold iVisitMD™, Inc. harmless for any injury including permanent disability and/or death incurred as a consequence of using our Website and its services. When using the iVisitMD™ Website, information will be transmitted over a medium that may be beyond the control and jurisdiction of iVisitMD™ and its suppliers. Accordingly, iVisitMD™ assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the iVisitMD™ Website. The iVisitMD™ Website and the content are provided on an "as is" basis.
In no event shall iVisitMD™, its suppliers, or any third parties mentioned on the iVisitMD™ Website be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from anyone’s use of or inability to use the iVisitMD™ Website or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not iVisitMD™, its suppliers, or any third parties mentioned on the iVisitMD™ Website are advised of the possibility of such damages. iVisitMD™, its licensors, its suppliers, or any third parties mentioned on the iVisitMD™ Website are not liable for any personal injury, including death, caused by your use or misuse of the Website or its Content.
GENERAL
iVisitMD™, Inc. is a corporation formed in Delaware and based in New York, in the United States of America. iVisitMD™ makes no claims that iVisitMD™ Website and its Content are legally sound or appropriate outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the iVisitMD™ Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
JURISDICTION, CHOICE OF LAW
All visitors and users of iVistMD™ expressly agree that exclusive jurisdiction for any dispute with iVisitMD™, or in any way relating to their use of the iVisitMD™ Website, resides in the courts of the State of New York and further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute including any claim involving iVisitMD™ or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. These Terms and Conditions are governed by the internal substantive laws of the State of New York (USA), without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
NOTICE AND TAKEDOWN PROCEDURES
If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting iVisitMD™ and providing the following information: (i) identification of the copyrighted work that you believe to be infringed (please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work); (ii) identification of the material that you believe to be infringing and its location (please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material); (iii) your name, address, telephone number and (if available) e-mail address; (iv) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (v) a statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner's behalf; and (vi) a signature or the electronic equivalent from the copyright holder or authorized representative.
FDA COMPLIANCE
The use of iVisitMD™ mobile application is subject to the non-binding recommendations issued by the FDA on September 25, 2013. As such, following the provisions of the section V.B.4, the mobile iVisitMD™ application is not subject to the FDA regulation as a medical device. In accordance with the Appendix B of the FDA recommendations “Examples of mobile apps for which FDA intends to exercise enforcement discretion,” the iVisitMD™ Website can be classified as a “Mobile app that guide a user through a questionnaire of signs and symptoms to provide a recommendation for the type of health care facility most appropriate to their needs,” and is currently afforded enforcement discretion. Please note that complete FDA regulations are available from the Center for Biologics Evaluation and Research (CBER) by written request, Office of Communication, Outreach and Development (OCOD) (HFM-40), 1401 Rockville Pike, Suite 200N, Rockville, MD 20852-1448, or by calling 1-800-835-4709 or 301-827- 1800, by e-mail, ocod@fda.hhs.gov, or from the Internet at http://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/ Guidances/default.htm.
COMPLETE AGREEMENT
Except as expressly provided otherwise, these Terms and Conditions and the iVisitMD™ Privacy Policy constitute the entire agreement between users and iVisitMD™ with respect to the use of the iVisitMD™ Website, and its Content.
