IMPORTANT INFORMATION ABOUT YOUR USE OF IDOCSWEB.
DO NOT USE THIS SITE FOR EMERGENCY MEDICAL NEEDS. If you experience a medical emergency, call 911 immediately.
The Company does not provide any physicians’ or other providers’ services itself. All of the providers are independent service providers (the “Service Providers” and each a “Service Provider”) and are merely using iDocsWeb as a way to communicate with you.Any information or advice received from a Service Provider comes from them alone and not from the Company. Your interactions with the Service Providers via iDocsWeb are not intended to take the place of your relationship or interactions with your regular healthcare providers. You hereby agree and acknowledge that neither the Company nor any of its licensors or suppliers or any third parties who promote iDocsWeb or provide you with a link to iDocsWeb shall be liable for any claims, losses, damages, expenses, demands, suits, judgments, penalties, and costs of any kind whatsoever arising out of: (i) professional advice you obtain from a Service Provider via iDocsWeb or (ii) any other information you obtain through your use of iDocsWeb. The Company does not recommend or endorse any specific tests, physicians, medications, products or procedures. You acknowledge that your reliance on any Service Providers or information provided via iDocsWeb is solely at your own risk and you assume full responsibility for all risk associated therewith.
The Company does not make any representations or warranties about the training or skill of any Service Providers. [You will be provided with a list of available Service Providers based solely on the information that you or your employer or plan sponsor provide, e.g. symptoms, medical specialty.] You are responsible for choosing your Service Provider.
You hereby certify that you are physically located in the State you [choose/have chosen as your current location.] You acknowledge that your ability to access and use iDocsWeb is conditioned upon the truthfulness of this certification and that the Service Providers you access are relying upon this certification in order to interact with you. In the event that your certification is inaccurate, you agree to indemnify the Company and the Service Providers you interact with from any resulting damages, costs or claims.
Other than information received directly by you from the respective Service Providers with whom you interact, the content on iDocsWeb should not be considered medical advice. You should always talk to an appropriately qualified healthcare professional for diagnosis and treatment, including information regarding which medications or treatment that may be appropriate for you. None of the content on iDocsWeb constitutes a representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you. Without limitation, the Company does not recommend or endorse any specific tests, Service Providers, medications, products or procedures.
To access iDocsWeb, [you must first enroll to establish an individual user account (“Account”), by providing certain information.] You agree that you will not create more than one Account or create an account for anyone other than yourself without first receiving permission from the other person. In exchange for your use of iDocsWeb and, if applicable, in order for Service Providers to send notices to you, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Account enrollment form; and (ii) each time you log on, maintain and promptly update such Account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such Account information is untrue, inaccurate, not current or incomplete, the Company reserves the right to suspend or terminate your Account and refuse any and all current or future use of iDocsWeb. You represent and warrant that you are at least 18 years of age and possess the legal right and ability to agree to this Agreement.
You agree not to access or use iDocsWeb in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes this Agreement. You shall not post, use, store, or transmit (a) a message or information under a false name; (b) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person or in any manner; or (c) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You shall not attempt to disrupt the operation of iDocsWeb by any method, including through use of methods such as viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming. You shall not use iDocsWeb in any manner that could damage, disable or impair its services or networks. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access iDocsWeb.
OPERATION AND RECORD RETENTION
The Company reserves complete and sole discretion with respect to the operation of iDocsWeb. The Company may, among other things withdraw, suspend or discontinue any functionality or feature of iDocsWeb. Subject to applicable law, the Company reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to iDocsWeb.
Areas of iDocsWeb or the portal may contain links to other web sites. Please note that when you click on any of these links, you are entering another web site for which the Company does not have responsibility or control. The inclusion of any link does not imply affiliation, endorsement or adoption by us of the linked site or any medical or other information contained therein. You are encouraged to read the terms and conditions, data-gathering practices and privacy policies of all linked sites. You agree that the Company shall not be responsible for any loss or damage of any sort incurred as a result of the presence of such links on iDocsWeb.
All of the content available on or through iDocsWeb is the property of the Company or its licensors and is protected by copyright, trademark, patent, trade secret and other intellectual property law. The Company gives you permission to display, download, store and print the content only for your personal, non-commercial use. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through iDocsWeb to anyone. Any copy made of information obtained through iDocsWeb must include a copyright notice. All software and accompanying documentation made available for download from iDocsWeb is the copyrighted work of the Company or its licensors.
All Company trade and service names, including, but not limited to “iDocsWeb” are trademarks of iDocsWeb, LLC. All other brands and names are the property of their respective owners. Nothing contained in iDocsWeb should be construed as granting any license or right to use any trademark displayed on this site without the express written permission of the Company or such other third-party that may own the trademark.
Subject to this Agreement, the Company hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the software, network facilities, content, and documentation on and in iDocsWeb to the extent, and only to the extent, necessary to access and use iDocsWeb in accordance with the terms and conditions of this Agreement.
The license granted herein does not permit you, and you agree not to: (a) modify, translate, reverse engineer, disassemble, decompile or create derivative works of iDocsWeb or allow a third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to modify, translate, reverse engineer, disassemble, decompile or create derivative works of iDocsWeb; or (b) transfer, distribute, sell, lease, rent, disclose or provide access to iDocsWeb to any third party or use iDocsWeb to provide service bureau, time sharing or other services to third parties.
ACCESS TO IDOCSWEB AND THE INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT THAT ACCESS TO IDOCSWEB WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES THE COMPANY MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF IDOCSWEB OR ANY OF THE INFORMATION CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF IDOCSWEB AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.
YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR IMPROPER DISCLOSURE OF INFORMATION CAUSED BY YOU OR ANY PERSON USING YOUR LOGIN CODE OR PASSWORD. THE COMPANY CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF ANY OF ADVICE, IDEAS, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH IDOCSWEB.
LIMITATIONS OF LIABILITY
IN THE EVENT OF ANY PROBLEM WITH IDOCSWEB OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING IDOCSWEB. UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OF ITS MEMBERS, MANAGERS, LICENSORS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE IN ANY WAY FOR YOUR USE OF IDOCSWEB OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OF ITS MEMBERS, MANAGERS, LICENSORS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF IDOCSWEB OR THE COMPANY SYSTEMS, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU HEREBY RELEASE THE COMPANY AND HOLD IT AND ITS MEMBERS, MANAGERS, LICENSORS AND SUPPLIERS HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF IDOCSWEB. YOU WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.
YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY IS NOT ENGAGED IN THE PRACTICE OF MEDICINE AND THAT THE COMPANY IS NOT DETERMINING APPROPRIATE USE, MEDICAL OR OTHERWISE, OF IDOCSWEB. THE COMPANY, ITS MEMBERS, MANAGERS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND ALL THIRD PARTIES WHO PROMOTE IDOCSWEB OR PROVIDE YOU WITH A LINK TO IDOCSWEB EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM THE DELIVERY OF HEALTHCARE VIA IDOCSWEB, INCLUDING, BUT NOT LIMITED TO LIABILITY FOR MEDICAL MALPRACTICE.
iDocsWeb is designed for and intended for users in the United States. The Company makes no representation that the information and services provided on iDocsWeb are applicable to, appropriate for, or available to users in locations outside the United States. Accessing iDocsWeb from territories where the content is illegal is prohibited. If you choose to access the site from a location outside the United States, you do so on your own initiative and you are responsible for compliance with local laws.
The Company may suspend or terminate your access to iDocsWeb at any time, for any reason or for no reason. The Company has the right (but not the obligation) to refuse to provide access to iDocsWeb to any person, agency or organization, or to prohibit any person, agency or organization from using iDocsWeb, at any time, for any reason or for no reason at all, in its sole and absolute discretion.
Without limiting the generality or effect of other provisions of this Agreement, as a condition of use, you agree to indemnify, hold harmless, and defend the Company and its parents, subsidiaries, affiliates, licensors, suppliers and their members, managers, officers, directors, affiliates, subcontractors, agents and employees (collectively, “Indemnified Parties” and each, individually, an “Indemnified Party”) against all costs, expenses, liabilities and damages (including reasonable attorney’s fees) incurred by any Indemnified Party in connection with any third party claims arising out of or in any way related to: (i) your use of iDocsWeb; (ii) your failure to comply with any applicable laws and regulations; and (iii) your breach of any obligations set forth in this Agreement. You shall not settle any such claim without the written consent of the applicable Indemnified Party.
ELECTRONIC CONTRACTING AND NOTICES
You agree and consent to the terms of this Agreement by [clicking the “AGREE” checkbox.] You agree that the Company may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the services (collectively, “Notices”). The Company can send you electronic Notices (1) to the e-mail address that you provided during registration, or (2) by posting the Notice on iDocsWeb or otherwise through the site. The delivery of any Notice from the Company is effective when sent, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of iDocsWeb.
By clicking the “AGREE” button you acknowledge that you are consenting to receiving care via iDocsWeb. The scope of care will be at the sole discretion of the Service Provider who is treating you, with no guarantee of diagnosis, treatment, or prescription. The Company respects and upholds patient confidentiality with respect to protected health information as outlined by the Health Insurance Portability and Accountability Act (“HIPAA”), and, subject to HIPAA regulations, will obtain express patient consent prior to sharing any patient-identifiable information to a third party for purposes other than treatment, payment or healthcare operations.
INFORMED CONSENT FOR SERVICES PERFORMED BY SERVICE PROVIDERS
The Company is providing this information on behalf of Service Providers that participate in iDocsWeb:
Telemedicine involves the use of electronic communications to enable Service Providers at sites remote from patients to provide consultative services. Service Providers may include primary care practitioners, specialists, and/or subspecialists. The information may be used for diagnosis, therapy, follow-up and/or education, and will include live two-way audio and video and other materials (e.g. medical records, data from medical devices).
An encounter summary will be provided to the patient at the end of each encounter which may be kept for the patient’s records and may be shared with the patient’s local primary care or other provider, as appropriate.
Possible Risks of Telemedicine:
As with any medical procedure, there are potential risks associated with the use of telemedicine. These risks may include, without limitation, the following:
Delays in medical evaluation and consultation or treatment may occur due to deficiencies or failures of the equipment.
Security protocols could fail, causing a breach of privacy of personal medical information.
Lack of access to complete medical records may result in adverse drug interactions or allergic reactions or other negative outcomes.
Any other risks arising from the provision and receipt of medical care, including the risk of misdiagnosis, injury, illness, or death, whether due to the lack of an in-person medical examination or otherwise.
By accepting this Agreement, you acknowledge that you understand and agree with the following:
- I understand that the laws that protect privacy and the confidentiality of medical information also apply to telemedicine.
- I understand that telemedicine may involve electronic communication of my personal medical information to Service Providers who may be located in other areas, including out of state.
- I understand that I may expect the anticipated benefits from the use of telemedicine in my care, but that no results can be guaranteed or assured.
- I understand that my healthcare information may be shared with other individuals for treatment, payment and healthcare operations purposes.
I further understand that my healthcare information may be shared in compliance with applicable law in the following circumstances:
- When a valid court order is issued for medical records.
- Reporting suspected abuse, neglect, or domestic violence.
- Preventing or reducing a serious threat to anyone’s health or safety.
Patient Consent to the Use of Telemedicine
I have read and understand the information provided above, and understand the risks and benefits of telemedicine, and by accepting this Agreement I hereby give my informed consent to participate in a telemedicine visit under the terms described herein.
This Agreement shall be governed by the laws of the State of Missouri without regard to it rules on conflicts or choice of law. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You hereby consent to the exclusive jurisdiction of the courts of the State where the Company’s principal offices are located for the resolution of any dispute based upon or relating to this Agreement. This Agreement constitutes the sole agreement between you and the Company for your use and the Company’s provision of iDocsWeb and the subject matter hereof, and no representations, statements or inducements, oral or written, not contained in this Agreement shall bind either you or the Company. Any of the terms of this Agreement which are determined to be invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, without rendering invalid or unenforceable any of the remaining terms of this Agreement or affecting the validity or enforceability of the Agreement as a whole. Failure to insist on performance of any of the terms of the Agreement will not operate as a waiver of any subsequent default. No waiver by the Company of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. You may not assign, transfer or delegate your rights or obligations hereunder, in whole or in part. This Agreement shall be binding upon and inure to the benefit of each of the parties and the parties’ respective successors and permitted assigns. Except as otherwise specifically provided herein, this Agreement may not be modified, supplemented, qualified, or interpreted except in writing signed by the parties.
A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Personal information or protected health information is information that includes, but is not limited to, identifying data such as name, social security number, address, contact information, as well as information about personal health issues submitted through iDocsWeb. This is the information the Company aims to protect.
The Company will only collect information that you voluntarily submit. The Company knows that privacy is of the utmost importance, and is committed to keeping confidential any and all personally identifiable information that identifies an individual whether or not it relates to an individual’s past, present, or future physical or mental health condition.
As a Business Associate of healthcare providers that are Covered Entities (as those terms are defined in HIPAA) under the federal healthcare privacy and security rules (HIPAA and HITECH), the Company maintains protected health information in compliance with these rules and its contractual obligations with healthcare providers. The Company’s focus is providing a platform to allow individuals to receive telehealth services from various healthcare providers. The Company collects information solely for the purposes of providing iDocsWeb, marketing and promoting services to you and for market research data.
The Company assumes you are giving consent to this information collection and use, but also gives you the opportunity to “opt out” of receiving direct marketing or market research information by emailing the Company at [firstname.lastname@example.org].
The Company maintains web logs to record data about all visitors who use this site and interact with iDocsWeb and will store this information. These logs may contain IP address information, types of operating system you use, the date and time you visited the site, and information about the type of device you use to connect to iDocsWeb.
All web logs, if any, shall be stored securely and are accessible to a limited number of persons.
Non-Personal Identification/Cookies Technology
A cookie is a small data file that certain websites write to your hard drive when you visit them. A cookie file, for instance, may collect user ID information such as items in a shopping cart while navigating a site, but the only personal information a cookie can contain is information you provide.
The Company may use cookie technology in the aggregate as opposed to using any personally identifiable information, to understand how users collectively use iDocsWeb. This helps the Company continually improve iDocsWeb.
The Company may also use non-personal information to analyze data into useful information. This process of data mining is done in the aggregate, is non-personal, and allows the Company to find correlations and patterns in the data.
The Company is a Business Associate of healthcare professionals under HIPAA. Your personal information will be stored in a secure manner. The Company has implemented a variety of encryption and security technologies and procedures to protect your personal information which is stored in the Company’s computer systems from unauthorized access. The Company also maintains physical and electronic procedural safeguards that limit access to your personal information to employees (or people working on the Company’s behalf and under confidentiality agreements) who, through the course of standard business activities, need to access your personal information.
Access to iDocsWeb is enabled only by usernames and passwords. You should maintain your username and password in strict confidence. In no event should you share your username or password with any third party or allow another person to access iDocsWeb using your username and password. Please notify the Company if you have any reason to believe that your username or password has been lost or compromised or misused in any way. You are fully and solely responsible for any and all use of iDocsWeb using your username and password. The Company reserves the right to revoke or deactivate your username and password at any time.
Self Review Of Data And Ability To Delete Your Account Information
You may request to delete any personal information and to de-authorize the collection of personal information in the future by sending an email to [email@example.com].
The Company does not knowingly allow individuals under the age 18 to create accounts that allow access to iDocsWeb.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on iDocsWeb infringe your copyright, you (or your agent) may send the Company a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send the Company a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA.
In accordance with the DMCA, the Company has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written notification of claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to address for copyright notices
Please note: If you materially misrepresent that online material, product, or activity is infringing your copyrights, you may be liable for damages (including court costs and attorneys’ fees) and could be subject to criminal prosecution for perjury. You should consult your legal advisor before filing a notice or counter-notice.