1| Page,TERMS OF SERVICE(“ToS”),THEFOLLOWING TERMSAND C ONDITIONS(hereinafter the“Terms of Service” OR “ToS”) WILLBELE G ALLY ,BINDING UPONYOU (hereinafter “You” or “Your”) IF YOU CHOOSE TO CONTINUE BEYOND THIS SCREEN TO ,SEEK TELEMEDICINE MEDICAL CARE FROM THE INDEPENDENT MEDICAL PROVIDERS PROVIDING MEDICAL ,SERVICES THROUGH THE MYIDEALDOCTORNETWORK (the “MyIdealDOCTORNetwork”), WHICH IS ,MAINTAINED AND OPERATED BY MYIDEALDOCTOR, LLC OR ANY OF ITS AFFILIATES OR SUBSIDIARIES ,(hereinafter “MyIdealDOCTOR,”“Our,” “Us” or “We”).
TO THE EXTENT THAT THERE ARE CAPITALIZED TERMS ,OR PHRASES USED HEREIN WHICH ARE NOT OTHERWISE DEFINED BELOW,PLEASE REFER TO THE ,DEFINITIONS MAINTAINED AThttps://myidealdoctor.com/agreements/,1.0INTRODUCTORY TERMS,You acknowledge and agree that these Terms of Service, together with OurInformed Consent and Privacy Policy, ,shall govern Youraccess to and use of the Services.
Anyconflicts between these Terms of Serviceand Our ,Informed Consent and Privacy Policyshall be controlled first by the language contained within these Terms of ,Service.,1.01 | Accuracyof C ontactInformation.
At all times that You seek Services from the MyIdealDOCTOR,Network Youshall provide accurate, current and complete about Yourlegal name, address, email address, and ,phone number (the “Contact Information”),andmaintain and promptly update the Contact information if any ,of the Contact Information should change.,1.02 | User Names:Passwords,AccessandNotification.
You cannot share Your login rights to the ,MyIdealDOCTORPlatform with any other individual, unless that Individual is accessing the MyIdealDOCTOR,Network with Your expresspermission and for Your benefit.
You shall use reasonable efforts to prevent ,unauthorized access to or use of the MyIdealDOCTORPlatform or Services and shall promptly notify Usof any ,unauthorized access to or use of the MyIdealDOCTORPlatformor Services, as well as of any loss, theft or ,unauthorized use of the User Name and/or Password associated with You and Your use of the MyIdealDOCTOR,Platform.,1.03| General Restrictions.
Youpromise that You will not send any Electronic Communication from or ,through the MyIdealDOCTORPlatform that is unlawful, harassing, libelous, defamatory or threatening.
You ,promise that You will beresponsiblefor all activities conducted under YourUser Name and Password.
You ,promise that You will notaccess or use the MyIdealDOCTORPlatform: (i)to circumvent or exceed account ,limitations or requirements of the Services;or,(ii) to obtain unauthorized access to the MyIdealDOCTOR,Platform (including without limitation permitting access to or use of the Services via another system or tool).
or, ,(c) in a manner that is contrary to applicable law or in violation of any third-party rights of privacy or intellectual ,property rights.
or, (iv) to publish, post,upload or otherwise transmit Customer Data that contains any viruses, ,trojan horses, worms, time bombs, corrupted files or other computer programming routines that are intended ,to damage, detrimentally interfere with, surreptitiously intercept or expropriate any systems, data, personal ,2| Page,information or property of another, including, but not limited to the MyIdealDOCTORPlatform.
You shall comply ,with all applicable local, state, federal, and foreign laws, treaties, regulations, and conventions in connection ,with Youruse of the MyIdealDOCTORPlatform or Services, including without limitation, those related to privacy, ,electronic communications and anti-spam legislation.
Youagree not to access the MyIdealDOCTORPlatform by ,any means other than through the interfaces that We provide to You.,1.04| Third-Party Application(s).
We may offer Third-Party Applications for use directly within the ,MyIdealDOCTORPlatform in conjunction with the Services.
We donot warrant, either expressly or implicitly, ,any Third-Party Applications, and any use of a Third-Party Application is Your risk to bear.,1.05| Data Security.
Weshall maintain commercially reasonableadministrative, physical and technical ,safeguardsdesignedfortheprotection,confidentialityandintegrityofYourDataas further described within ,Our Informed Consent and Privacy Policy.
,1.06| Confidentiality.
We agree to use the same degree of care that We use to protect the confidentiality ,of Ourown Confidential Information of like kind (at all times exercising a reasonable degree of care in the ,protection of such Confidential Information) not to use or disclose Your Confidential Information except to the ,extent necessary to perform its obligations or exercise rights under any Agreement or as directed by law.
,However, in the even that You input Confidential Information such as credit card information orsocial security ,numbers in fields within the MyIdealDOCTORPlatform which are not otherwise designated for such data, We ,cannot assure the protection of this information, and You agree and acknowledge that any representations by ,Usabout the confidentiality or security of this data are rendered null and void.
Nothing in these Terms of ,Service will prohibit the disclosure of Confidential Information to the extent that such disclosure is required by ,law or regulation, order of a court or other governmental authority or regulation, or at Our reasonable,discretion upon advice ofOurlegal counsel.,1.07| Ownership of YourData.
Alltitleandintellectualproperty rightsinandtotheYour Patient Data ,isownedexclusivelybyYou, subject to the terms of the Informed Consent and Privacy Policy.
,1.08| OurIntellectualPropertyRights.
All rights, title and interest in and to the MyIdealDOCTORPlatform ,or the Services provided in conjunction therewith (including without limitation all intellectual property rights ,therein and all modifications, extensions, customizations, scripts or other derivative works of the ,MyIdealDOCTORPlatform provided or developed by Us) are owned exclusively by Us or Ourlicensors.
The ,rights granted to You hereindo not convey any ownership rights in the MyIdealDOCTORPlatform, express or ,implied, or ownership in any of the Services, or any intellectual property rights thereto.
Ourservice marks, ,logos and product and service names (hereinafter, the "MyIdealDOCTORMarks")are Our property.
You are,not permitted to use the MyIdealDOCTORMarkswithout the prior written consent of Our authorized ,representative.,1.09| DisputeResolution.Youagreetomaintaintheconfidentialnatureofalldisputesand,disagreementsthat You may have with Us,including,butnotlimitedto,informalnegotiations,mediation,3| Page,orarbitration,exceptasmaybenecessarytoprepareforor conduct thesedisputeresolutionprocedures,or unlessotherwiserequiredbylaw orjudicialdecision.
You agree that in the event that You have a dispute or ,disagreement with Us, and beforeYou seekmediation,arbitration,oranyotherformoflegalrelief,You,shallprovidewrittennotice(the “Notice,”which must be sent to Us by email to legal@relymd.com)toUs ,setting forth specificdetails of Your complaint.
Upon receipt of the Notice, We shall have the right to ,scheduleatleastone(1) meeting(inpersonor byvideo-or tele-conference) for thepurposeofattemptingin ,goodfaithtoresolveYour complaint.
Anyandalldisputes, claimsorcontroversiesarisingoutoforrelatingto,theseTerms of Serviceor Our Informed Consent and Privacy Policyshallbesubmittedto JAMS(formerly known ,as the “Judicial Arbitration and Mediation Services, Inc.”) formediationbefore arbitrationoranyotherform,oflegalreliefmaybeinstituted.
Mediationmaybecommencedby Our providing JAMSawrittenrequestfor ,mediationsettingforththesubjectofthedisputeandthereliefrequested.
You agree to cooperate withJAMS,in selecting a single mediator and scheduling a mediation, which should take place within forty-five (45) days,following Our receipt of the Notice.
You agree that You willparticipateinthemediationin goodfaithand share ,equallyinits costs.
Themediationshalltakeplaceeither in Durham, North Carolina, or at a forum located in ,Durham County, North Carolina.,2.0 | DISCLAIMEROFWARRANTIES,WE DO NOT REPRESENTTHATYOURUSEOFTHEMYIDEALDOCTORPLATFORMWILLBESECURE,TIMELY,,UNINTERRUPTEDOR ERROR-FREE,THATTHE MYIDEALDOCTORPLATFORM OR SERVICES WILLMEETYOUR ,REQUIREMENTS,ORTHATALLERRORSIN THEMYIDEALDOCTORPLATFORM AND/ORDO C UMENTATION,RELATED THERETO, IF ANY, WILLBECORRECTED ORTHATTHEOVERALLSYSTEMTHAT MAKES THE ,MYIDEALDOCTORPLATFORMAVAILABLE (INCLUDINGBUTNOTLIMITEDTO, THE INTERNET, OTHER ,TRANSMISSIONNETWORKS,OR ANYLOCALNETWORKANDEQUIPMENT) WILLBEFREEOF VIRUSESOROTHER,HARMFUL C OMPONENTS.
THEREARENOOTHERWARRANTIESOR C ONDITIONS,EXPRESSORIMPLIED,,INCLUDING WITHOUTLIMITATION,THOSEOFMERCHANTABILITY, SATISFACTORY QUALITY,FITNESSFORA,PARTICULARPURPOSEORNON-INFRINGEMENT OFTHIRD-PARTYRIGHTS.
THEMYIDEALDOCTORPLATFORM,ISPROVIDEDTO YOUON AN “AS-IS/WHERE-IS”AND “AS-AVAILABLE”BASIS.
WEEXPRESSLYDISCLAIM ANY,REPRESENTATIONSOR WARRANTIESNOT OTHERWISE SET FORTH HEREIN, IF ANY.
YOUASSUMEALL,RESPONSIBILITYFORDETERMINING WHETHERTHEMYIDEALDOCTORPLATFORM,THEINFORMATION , G ENERATED THEREBYOR THROUGH THE USE THEREOF IS, OR THE SERVICES PROVIDED THEREUPON ARE,,ACCURATE OR SUFFICIENTFOR YOURPURPOSES.,3.0 | LIMITATIONSOFLIABILITY,TOTHEMAXIMUMEXTENTPERMITTEDBYLAW,INNOEVENTSHALLWEBELIABLETOANY PARTYFORLOST,PROFITSORREVENUEORFORINCIDENTAL, C ONSEQUENTIAL, PUNITIVE, C OVER,SPECIAL,RELIANCEOR,EXEMPLARY DAMA G ES,ORINDIRECTDAMA G ESOFANYTYPE ORKINDHOWEVERCAUSED,WHETHERFROM,BREACHOFWARRANTY,BREACHORREPUDIATIONOF CONTRA C T,NE G LI G ENCE,ORANYOTHERLE G AL, C AUSEOFACTIONFROMORIN C ONNE C TION WITH THESE TERMS OF SERVICE, THE INFORMED CONSENT AND ,PRIVACY NOTICE, AND/ORANY OTHER IMPLIED OR EXPRESS AGREEMENT(WHETHERORNOTWEHAVEBEEN,4| Page,ADVISEDOFTHEPOSSIBILITYOF SUCHDAMA G ES).
CERTAINSTATESAND/ORJURISDICTIONSDONOT ALLOW,THEEX C LUSIONOF INCIDENTALOR C ONSEQUENTIALDAMA G ES,INWHICHCASESUCHDAMA G ESSHALLBE,SUBJECTTO THE LIMITATIONS SETFORTH IN THE FOLLOWING PARA G RAPH.,OURMAXIMUMLIABILITYARISINGOUTOFORIN C ONNE C TION WITHANYAGREEMENT ORANYLICENSE,,USEOROTHERDEPLOYMENTOFTHEMYIDEALDOCTORPLATFORM OR ANY SERVICES,WHETHERSUCH,LIABILITYARISES FROMANY C LAIMBASEDONBREACHORREPUDIATIONOF C ONTRA C T,BREACH OF ,CONFIDENTIALITY, BREACHOF WARRANTY, NE G LI G ENCE,TORT,STATUTORY DUTY,OROTHERWISE,SHALLBE ,NO GREATER ONE THOUSAND DOLLARS ($1,000).
NOTWITHSTANDINGTHEPREVIOUS SENTEN C E,WESHALL,NOT BE LIABLE TOYOU OR ANYOTHER PARTY TOTHEEXTENTSUCHLIABILITY WOULDNOTHAVEOCCURRED,BUTFORYOUROR THE OTHERPARTY’SFAILURE TO COMPLYWITH THESETERMS OF SERVICE,WITH THE ,TERMS OF THE INFORMED CONSENT AND PRIVACY NOTICE, OR WITH THE TERMS OF ANY OTHER IMPLIED OR ,EXPRESS AGREEMENT.,4.0 | INDEMNIFI C ATIONYoushall not be entitled to indemnification by Usunder any circumstance.,5.0 | INSURANCEWewill maintain such insurance coverage as is reasonably necessary to support Our,obligations hereunder.,6.0| CHANGE TO TERMS OF SERVICE.
IfWe makeamaterialchangetothese Terms of Service, or to ,anyrelated URLTerms,We will attempt to make a general announcement on Our website.
Ifthechangehasa,materialadverseimpacton You and Youdonotagreetothechange,YoumustsonotifyUs in writing via an ,email sent to legal@relymd.comwithinten (10)daysafter receivingnoticeofthechange.
IfYou access the ,MyIdealDOCTORNetwork or obtain Services after any change to these Terms of Service, You shall be deemed ,to have consented to the revised Terms of Service ,END OF THE TERMS OF SERVICE