This End User License Agreement (Agreement) is between you and Online Medics MDsApp and governs use of this app made available through the Apple App Store. By installing the MDsApp App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the MDsApp App. 

In order to ensure MDsApp provides the best experience possible for everyone, we strongly enforce a no tolerance policy for objectionable content. If you see inappropriate content, please use the Report as offensive feature found under each post. 

1. Parties 
This site contains links to other sites. MDSAPP does not share personal information with those sites, unless specifically authorized by you. MDSAPP is not responsible for the privacy policies of any site linked to this website and not wholly owned and controlled by MDSAPP, its affiliates and subsidiaries. We aim to work with trusted partners and organizations which are also bound by state and federal laws governing privacy and security; however, we encourage users to be aware when you leave our Site and to review any privacy policy of a non-MDSAPP site.

2. Privacy 
MDsApp may collect and use information about your usage of the MDsApp App, including certain types of information from and about your device. MDsApp may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of the MDsApp App. 

3. Limited License 
MDsApp grants you a limited, non-exclusive, non-transferable, revocable license to use the MDsApp App for your personal, non-commercial purposes. You may only use the MDsApp App on Apple devices that you own or control and as permitted by the App Store Terms of Service. 

4. Age Restrictions 
By using the MDsApp App, you represent and warrant that 
(a) you are 17 years of age or older and you agree to be bound by this Agreement. 
(b) if you are under 17 years of age, you have obtained verifiable consent from a parent or legal guardian.
(c) your use of the MDsApp App does not violate any applicable law or regulation. Your access to the MDsApp App may be terminated without warning if MDsApp believes, in its sole discretion, that you are under the age of 17 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child s use of the MDsApp App, you agree to be bound by this Agreement in respect to your child s use of the MDsApp App. 

5. Objectionable Content Policy 
Content may not be submitted to MDsApp, who will moderate all content and ultimately decide whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to:
(i) sexually explicit materials.
(ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity.
(iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent.
(iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms.
(v) gambling, including without limitation, any online casino, sports books, bingo or poker. 

6. Warranty 
MDsApp disclaims all warranties about the MDsApp App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, MDsApp, not Apple, shall be solely responsible for such warranty. 

7. Maintenance and Support 
MDsApp does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law, MDsApp, not Apple, shall be obligated to furnish any such maintenance or support 

8. Product Claims 
MDsApp, not Apple, is responsible for addressing any claims by you relating to the MDsApp App or use of it, including, but not limited to:
(i) any product liability claim.
(ii) any claim that the MDsApp App fails to conform to any applicable legal or regulatory requirement.
(iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims. 

9. Third Party Intellectual Property Claims 
MDsApp shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the MDsApp App. To the extent MDsApp is required to provide indemnification by applicable law, MDsApp, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the MDsApp App or your use of it infringes any third party intellectual property right.

 

MDsApp: About Us and Terms of Use

Prepared by Alex Tracey for Online Medics Limited November 5, 2018

1. Introduction.

MDSAPP operates the website located at www.mdsapp.com, other related websites and mobile applications (collectively, the “Site”). Through these sites, we operate various online services that enable members (“Members”) to receive telehealth services from healthcare providers located in the U.S.. This Online Privacy Policy (“Privacy Policy’) explains MDSAPP’s privacy practices that apply to the services (collectively, the “Services”) we provide through our Sites. Please read the Privacy Policy carefully so that you can understand how MDSAPP collects, uses, and discloses information from and/or about you when you use a Site or the Services. If you do not understand any aspect of our Privacy Policy, please feel free to contact using the information found at the end of the Privacy Policy. This Privacy Policy is a part of the MDSAPP Terms of Use so by accepting the Terms of Use, you are consenting to the use and disclosure of your personal information as outlined in this Privacy Policy.

2. HIPAA.

 In addition, the healthcare providers from the MDSAPP Medical Group that you interact with when using the Services are required by the Health Insurance Portability and Accountability Act (“HIPAA”) to describe their privacy practices in document called a Notice of Privacy Practices. You can access a copy of this notice on the patient portal.

3. Third Party Sites.

 This site contains links to other sites. MDSAPP does not share personal information with those sites, unless specifically authorized by you. MDSAPP is not responsible for the privacy policies of any site linked to this website and not wholly owned and controlled by MDSAPP, its affiliates and subsidiaries. We aim to work with trusted partners and organizations which are also bound by state and federal laws governing privacy and security; however, we encourage users to be aware when you leave our Site and to review any privacy policy of a non-MDSAPP site.

4. Important Definitions. When we use the term “Personal Information” in this Privacy Policy, we mean information about you that is personally identifiable to you, such as your contact information (e.g., name, address, email address, or telephone number), personally identifiable health or medical information (“Health Information”), and any other non-public information that is associated with such information (collectively, “Personal Information”). When we use the term “De-Identified Information”, we mean information about you but that does not identify you.

5. The Personal Information we collect or maintain may include:

a. Your name, age, email address, username, password, and other registration information.

b. Health Information that you provide us, which may include information or records relating to your medical or health history, health status and laboratory testing results, diagnostic images, and other health related information.

c. Health information about you prepared by the health care provider(s) who provide the Services through the Site such as medical records, treatment and examination notes, and other health related information.

d. Billing information that you provide us.

e. Information about the computer or mobile device you are using, such as what Internet browser you use, the kind of computer or mobile device you use, and other information about how you use the Site. 

f. Other information you input into the Site or related services.

6. We may use your Personal Information for the following purposes (subject to applicable legal restrictions):

a. To provide you with the Services

b. To improve the services offered – by performing quality reviews and similar activities

c. To create De-identified Information such as aggregate statistics relating to the use of the Service

d. To notify you when Site updates are available,

e. To market and promote our Site and the Services offered to you through the Site

f. To fulfill any other purpose for which you provide us Personal Information

g. For any other purpose for which you give us authorization

You can “opt out” of receiving direct marketing or market research information by emailing us at privacy@mdsapp.com.

7. We may also disclose Personal Information that we collect or you provide as permitted or allowed by law, as follows:

a. To our wholly owned subsidiary, Breakthrough, and affiliated medical groups.

b. To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.

c. As required by law, which can include providing information as required by law, regulation, subpoena, court order, legal process or government request.

d. When we believe in good faith that disclosure is necessary to protect your safety or the safety of others, to protect our rights, to investigate fraud, or to respond to a government request.

e. To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of MDSAPP’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information maintained by the Site is among the assets transferred.

8. Information we Collect via technology: As you use the Site or the Service, certain information may be passively collected by Cookies, navigational data like Uniform Resource Locators (URLs) and third party tracking services, including:

a. Site Activity Information. We may keep track of some of the actions you take on the Site, such as the content of searches you perform on the Site.

b. Access Device and Browser Information. When you access the Site from a computer or other device, we may collect anonymous information from that device, such as your Internet protocol address, browser type, connection speed and access times.

c. Cookies. A cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the Site again, the cookie allows that site to recognize your browser. Cookies may store unique identifiers, user preferences and other information. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some Site features or services may not function properly without cookies. We use cookies to improve the quality of our service, including for storing user preferences, tracking user trends and providing relevant advertising to you.

d. Real-Time Location. Certain features of the Site use GPS technology to collect real-time information about the location of your device so that the Site can connect you to a health care provider who is licensed or authorized to provide services in the state where you are located.

e. Google Analytics. We use Google Analytics to help analyze how users use the Site. Google Analytics uses Cookies to collect information such as how often users visit the Site, what pages they visit, and what other sites they used prior to coming to the Site. We use the information we get from Google Analytics only to improve our Site and Services. Google Analytics collects only the IP address assigned to you on the date you visit the Site, rather than your name or other personally identifying information. Although Google Analytics plants a persistent Cookie on your web browser to identify you as a unique user the next time you visit the Site, the Cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to the Site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy.

9. De-Identified Information.

We may use De-Identified Information created by us without restriction.

10. Security of Information Collected.

 We use industry standard physical, technical and administrative security measures and safeguards to protect the confidentiality and security of your Personal Information. Specifically, the Site is protected by (? Technology), the leading security protocol for data transfer on the Internet. However, since the Internet is not a 100% secure environment, we cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. Even though there are many benefits to using this Site, as with all electronic communications there are some risks such as (i) failure of hardware, software and/or Internet connections; we are not responsible for failures, distortions, delays, or other problems resulting from equipment configuration, connection, signal power, hardware, software or any equipment used to access the internet; and (ii) no guarantee that the confidentiality or security of electronic transmissions via the Internet can be assured due to potentially unsecure computers and links. This could result in your data becoming lost or intercepted during transmission. It is your responsibility to protect the security of your login information and to use good judgment before deciding to send information via the Internet. Please note that e-mails and other communications you send to us through our Site are not encrypted, and we strongly advise you not to communicate any confidential information through these means.

11. Modification of Information.

You can update some of your personal information through our Site. Requests to modify any information may also be submitted directly to (?)

12. Deletion of Information.

You can close your online account by emailing us at (?). If you close your account, we will no longer use your online account information or share it with third parties. We may, however, retain a copy of the information for archival purposes, and to avoid identity theft or fraud.

13. Report Violations.

You should report any security violations to us by sending an email to privacy@mdsapp.com

14. A Special Note about Children and Minors:

MDSAPP does not knowingly allow individuals under the age of 18 to create accounts that allow access to our Site or use the Services. If you are below the age of 18 you are not permitted to use this Site or the Services.

15. Changes to our Privacy Policy.

We may change this Privacy Policy from time to time in the future. We will post any revised version of the Privacy Policy on this page and at other places we deem appropriate. Continued use of our Service following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. By using the Site, you are agreeing to our collection, use and disposal of Personal Information and other data as described in this Privacy Policy, both as it exists now and as it is changed from time to time.

17. Questions and How to Contact Us.

 If you have any questions, concerns, complaints or suggestions regarding or Privacy Policy or otherwise need to contact us, please email us at (), or contact us by US postal mail at the following address:

  

 

     MDsApp: About Us and Terms of Use

Prepared by Alex Tracey for Online Medics Limited November 5, 2018

1. Introduction.

MDSAPP operates the website located at www. mdsapp.net, other related websites and mobile applications (collectively, the “Site”). Through these sites, we operate various online services that enable members (“Members”) to receive telehealth services from healthcare providers located in the U.S.. This Online Privacy Policy (“Privacy Policy’) explains MDSAPP’s privacy practices that apply to the services (collectively, the “Services”) we provide through our Sites. Please read the Privacy Policy carefully so that you can understand how MDSAPP collects, uses, and discloses information from and/or about you when you use a Site or the Services. If you do not understand any aspect of our Privacy Policy, please feel free to contact using the information found at the end of the Privacy Policy. This Privacy Policy is a part of the MDSAPP Terms of Use so by accepting the Terms of Use, you are consenting to the use and disclosure of your personal information as outlined in this Privacy Policy.

2. HIPAA.

 In addition, the healthcare providers from the MDSAPP Medical Group that you interact with when using the Services are required by the Health Insurance Portability and Accountability Act (“HIPAA”) to describe their privacy practices in document called a Notice of Privacy Practices. You can access a copy of this notice on the patient portal.

3. Third Party Sites.

 This site contains links to other sites. MDSAPP does not share personal information with those sites, unless specifically authorized by you. MDSAPP is not responsible for the privacy policies of any site linked to this website and not wholly owned and controlled by MDSAPP, its affiliates and subsidiaries. We aim to work with trusted partners and organizations which are also bound by state and federal laws governing privacy and security; however, we encourage users to be aware when you leave our Site and to review any privacy policy of a non-MDSAPP site.

4. Important Definitions. When we use the term “Personal Information” in this Privacy Policy, we mean information about you that is personally identifiable to you, such as your contact information (e.g., name, address, email address, or telephone number), personally identifiable health or medical information (“Health Information”), and any other non-public information that is associated with such information (collectively, “Personal Information”). When we use the term “De-Identified Information”, we mean information about you but that does not identify you.

5. The Personal Information we collect or maintain may include:

a. Your name, age, email address, username, password, and other registration information.

b. Health Information that you provide us, which may include information or records relating to your medical or health history, health status and laboratory testing results, diagnostic images, and other health related information.

c. Health information about you prepared by the health care provider(s) who provide the Services through the Site such as medical records, treatment and examination notes, and other health related information.

d. Billing information that you provide us.

e. Information about the computer or mobile device you are using, such as what Internet browser you use, the kind of computer or mobile device you use, and other information about how you use the Site. 

f. Other information you input into the Site or related services.

6. We may use your Personal Information for the following purposes (subject to applicable legal restrictions):

a. To provide you with the Services

b. To improve the services offered – by performing quality reviews and similar activities

c. To create De-identified Information such as aggregate statistics relating to the use of the Service

d. To notify you when Site updates are available,

e. To market and promote our Site and the Services offered to you through the Site

f. To fulfill any other purpose for which you provide us Personal Information

g. For any other purpose for which you give us authorization

You can “opt out” of receiving direct marketing or market research information by emailing us at privacy@mdsapp.net.

7. We may also disclose Personal Information that we collect or you provide as permitted or allowed by law, as follows:

a. To our wholly owned subsidiary, Breakthrough, and affiliated medical groups.

b. To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.

c. As required by law, which can include providing information as required by law, regulation, subpoena, court order, legal process or government request.

d. When we believe in good faith that disclosure is necessary to protect your safety or the safety of others, to protect our rights, to investigate fraud, or to respond to a government request.

e. To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of MDSAPP’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information maintained by the Site is among the assets transferred.

8. Information we Collect via technology: As you use the Site or the Service, certain information may be passively collected by Cookies, navigational data like Uniform Resource Locators (URLs) and third party tracking services, including:

a. Site Activity Information. We may keep track of some of the actions you take on the Site, such as the content of searches you perform on the Site.

b. Access Device and Browser Information. When you access the Site from a computer or other device, we may collect anonymous information from that device, such as your Internet protocol address, browser type, connection speed and access times.

c. Cookies. A cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the Site again, the cookie allows that site to recognize your browser. Cookies may store unique identifiers, user preferences and other information. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some Site features or services may not function properly without cookies. We use cookies to improve the quality of our service, including for storing user preferences, tracking user trends and providing relevant advertising to you.

d. Real-Time Location. Certain features of the Site use GPS technology to collect real-time information about the location of your device so that the Site can connect you to a health care provider who is licensed or authorized to provide services in the state where you are located.

e. Google Analytics. We use Google Analytics to help analyze how users use the Site. Google Analytics uses Cookies to collect information such as how often users visit the Site, what pages they visit, and what other sites they used prior to coming to the Site. We use the information we get from Google Analytics only to improve our Site and Services. Google Analytics collects only the IP address assigned to you on the date you visit the Site, rather than your name or other personally identifying information. Although Google Analytics plants a persistent Cookie on your web browser to identify you as a unique user the next time you visit the Site, the Cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to the Site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy.

9. De-Identified Information.

We may use De-Identified Information created by us without restriction.

10. Security of Information Collected.

 We use industry standard physical, technical and administrative security measures and safeguards to protect the confidentiality and security of your Personal Information. Specifically, the Site is protected by (? Technology), the leading security protocol for data transfer on the Internet. However, since the Internet is not a 100% secure environment, we cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. Even though there are many benefits to using this Site, as with all electronic communications there are some risks such as (i) failure of hardware, software and/or Internet connections; we are not responsible for failures, distortions, delays, or other problems resulting from equipment configuration, connection, signal power, hardware, software or any equipment used to access the internet; and (ii) no guarantee that the confidentiality or security of electronic transmissions via the Internet can be assured due to potentially unsecure computers and links. This could result in your data becoming lost or intercepted during transmission. It is your responsibility to protect the security of your login information and to use good judgment before deciding to send information via the Internet. Please note that e-mails and other communications you send to us through our Site are not encrypted, and we strongly advise you not to communicate any confidential information through these means.

11. Modification of Information.

You can update some of your personal information through our Site. Requests to modify any information may also be submitted directly to (?)

12. Deletion of Information.

You can close your online account by emailing us at (?). If you close your account, we will no longer use your online account information or share it with third parties. We may, however, retain a copy of the information for archival purposes, and to avoid identity theft or fraud.

13. Report Violations.

You should report any security violations to us by sending an email to privacy@mdsapp.net

14. A Special Note about Children and Minors:

MDSAPP does not knowingly allow individuals under the age of 18 to create accounts that allow access to our Site or use the Services. If you are below the age of 18 you are not permitted to use this Site or the Services.

15. Changes to our Privacy Policy.

We may change this Privacy Policy from time to time in the future. We will post any revised version of the Privacy Policy on this page and at other places we deem appropriate. Continued use of our Service following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. By using the Site, you are agreeing to our collection, use and disposal of Personal Information and other data as described in this Privacy Policy, both as it exists now and as it is changed from time to time.

17. Questions and How to Contact Us.

 If you have any questions, concerns, complaints or suggestions regarding or Privacy Policy or otherwise need to contact us, please email us at (), or contact us by US postal mail at the following address:

MDSAPP Terms of Use

These terms and conditions of use (“Terms of Use”) govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by MDSAPP. (“MDSAPP”), including the www. mdsapp.net website (the “Site”) and the services available to users through the Site (“Services”). Your compliance with these Terms of Use is a condition to your use of the Site. If you do not agree to be bound by the Terms of Use, promptly exit this Site. Please also consult our Privacy Policy for a description of our privacy practices and policies, including how we collect and handle your personal health information and financial information.

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “119” IMMEDIATELY.

MDSAPP does not provide any physicians’ or other providers’ services itself. All of the providers are independent of MDSAPP and use the Service as a way to communicate with you. Any information or advice received from a provider comes from them alone, and not from MDSAPP. Your interactions with the providers via the Service are not intended to take the place of your relationship with your regular health care practitioners. Neither MDSAPP, nor any of its subsidiaries or affiliates or any third party who may promote the Service or provide a link to the Service, shall be liable for any professional advice obtained from a health care provider via the Service or for any other information obtained on the website. MDSAPP does not endorse any specific tests, physicians, medications, products or procedures that are recommended by providers that may use MDSAPP to communicate with you. You acknowledge that your reliance on any healthcare providers or information provided by the providers via the Service is solely at your own risk and you assume full responsibility for all risk associated herewith.

MDSAPP does not make any representations or warranties about the training or skill of any healthcare providers who provide services via the Service. You will be provided with a list of available providers located in the U. S. based solely on the information you, your employer or your plan sponsor provides to MDSAPP. You are ultimately responsible for choosing your particular healthcare provider.

1. Ownership Of The Site And Related Materials

All pages within this Site and any material made available for download are the property of MDSAPP, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws.

2. Electronic Communications

When you use any MDSAPP Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.

3. Site Access, Security and Restrictions; Passwords

If you create a subscriber account for the MDSAPP Site, you agree to complete the registration process by providing current, complete, and accurate information as required by MDSAPP. You are responsible for all activities that occur under your account. In the event access to the Site or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by MDSAPP. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Site may be revoked by MDSAPP at any time with or without cause.

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law. If you are under 18, you may use the MDSAPP Services only with involvement of a parent or guardian.

You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

Violations of system or network security may result in civil or criminal liability. MDSAPP will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

4. No Medical Advice or Services

MDSAPP Medical Group provides the clinical services for MDSAPP, Inc. MDSAPP Medical Group is an independent, physician-owned medical group with a national network of United States based providers who provide clinical telehealth services. The MDSAPP Medical Group provides clinical services via the MDSAPP, Inc. platform to customers of MDSAPP, Inc.

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “119” IMMEDIATELY.

THE CONTENT OF THE SITE AND THE SERVICES, INCLUDING WITHOUT LIMITATION, TEXT, COPY, AUDIO, VIDEO, PHOTOGRAPHS, ILLUSTRATIONS, GRAPHICS AND OTHER VISUALS, IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR RECOMMENDATIONS OF ANY KIND. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR QUALIFIED HEATH CARE PROFESSIONALS WITH ANY QUESTIONS OR CONCERNS YOU MAY HAVE REGARDING YOUR INDIVIDUAL NEEDS AND ANY MEDICAL CONDITIONS. ALL INFORMATION PROVIDED BY MDSAPP OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY MDSAPP, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS WITH MDSAPP MEDICAL EXPERTS IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND IS IN NO WAY INTENDED TO CREATE A PHYSICIAN – PATIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW. THE SITE AND SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT. RELIANCE ON ANY INFORMATION APPEARING ON THE SITE, WHETHER PROVIDED BY MDSAPP, ITS CONTENT PROVIDERS, MEDICAL EXPERTS, CLIENTS, VISITORS TO THE SITE OR OTHERS, IS SOLELY AT YOUR OWN RISK. WHILE MDSAPP FACILITATES YOUR SELECTION OF, COMMUNICATIONS WITH AND OTHER INTERACTIONS WITH PHYSICIANS, MDSAPP DOES NOT PROVIDE MEDICAL SERVICES AND THE DOCTOR-PATIENT RELATIONSHIP IS BETWEEN YOU AND THE HEALTHCARE PROVIDER YOU SELECT. ALL HEALTHCARE PROVIDERS IDENTIFIED OR ACCESSIBLE ON THE SITE ARE INDEPENDENT PROVIDERS AND ARE NOT EMPLOYED BY OR AFFILIATED WITH MDSAPP.

5. License And Access

Subject to your compliance with these Terms of Use and your payment of any applicable fees, MDSAPP or its content providers grant you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal and non-commercial use of the MDSAPP Services. This license does not include any resale or commercial use of any MDSAPP Service, or its contents; any collection and use of any service listings, descriptions, or prices; any derivative use of any MDSAPP Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by MDSAPP or its licensors, suppliers, publishers, rights holders, or other content providers. No MDSAPP Service, nor any part of any MDSAPP Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MDSAPP. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MDSAPP without express written consent. You may not use any meta tags or any other “hidden text” utilizing MDSAPP’s name or trademarks without the express written consent of MDSAPP. You may not misuse the MDSAPP Services. You may use the MDSAPP Services only as permitted by law. The licenses granted by MDSAPP terminate if you do not comply with these Terms of Use.

The Contents of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by MDSAPP. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other proprietary information (including; images, text, page layout, or form) of MDSAPP without our express written consent.

6. Accuracy and Integrity of Information

Although MDSAPP attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform MDSAPP so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, MDSAPP shall have no responsibility or liability for information or Content posted to the Site from any non-MDSAPP affiliated third party.

7. Links to Other Sites

MDSAPP makes no representations whatsoever about any other website that you may access through this Site. When you access a non-MDSAPP site, please understand that it is independent from MDSAPP, and that MDSAPP has no control over the Content on that website. In addition, a link to a non-MDSAPP website does not mean that MDSAPP endorses or accepts any responsibility for the Content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

8. User Information

If you submit, upload, post or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site (“User Information”), you agree not to provide any User Information that (1) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to MDSAPP and its Providers that you have the legal right and authorization to provide all User Information to MDSAPP and its Providers for use as set forth herein and required by MDSAPP and the Provider.

9. Claims of Copyright Infringement

We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.

MDSAPP respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to MDSAPP’s Designated Copyright Agent, identified below.

Notices of Alleged Infringement for Content Made Available on the Site

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice (“Notice”) complying with the following requirements.

1. Identify the copyrighted works that you claim have been infringed.

2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.

3. Provide your mailing address, telephone number, and, if available, email address.

4. Include both of the following statements in the body of the Notice:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to legal@mdsapp.net.

10. Disclaimer of Warranties

MDSAPP DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. MDSAPP DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. MDSAPP DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

11. Limitation of Liability Regarding Use of Site

MDSAPP AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF MDSAPP TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $1000 (ONE THOUSAND DOLLARS).

12. Dispute Resolution.

MDSAPP will try work in good faith to resolve any issue you have with Site, including services ordered or purchased through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction. In the event we cannot resolve a dispute between us, you agree that all matters related to any use or access of the Site, the Services or any other MDSAPP site will be governed by the laws of the State of Florida, without regard to its conflicts of laws rules. You hereby waive any objections to such jurisdiction or venue. Any claims or controversies arising out of this Agreement, and/or the related use and access of the Site, the Services or any other MDSAPP site, shall be exclusively in the state courts of the Seventeenth Judicial Circuit in Broward County, Florida.

13. Force Majeure

We will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire or other disaster.

14. Indemnity

You agree to defend, indemnify and hold MDSAPP harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by MDSAPP arising out of your breach of these Terms of Use or violation of applicable law, or access by anyone accessing the Site using your user ID and password. Notwithstanding the foregoing or anything to the contrary herein, MDSAPP shall only exercise its rights in this Section after addressing applicable claims with Your employer or health plan should you be accessing the Site or Services through your employer or health plan

15. Right to Modify Revisions; General

MDSAPP reserves the right to modify these Terms of Use at any time, effective upon posting. Any use of this website after such changes will be deemed an acceptance of those changes. You agree to review the Terms of Use each time you access this website so that you may be aware of any changes to these Terms. MDSAPP uses Google Analytics, a third-party tracking service, which uses cookies to track non-personal identifiable information about our visitors to our main site in the aggregate to capture usage and volume statistics. MDSAPP has no access to or control over these cookies. The companion Privacy Policy covers the use of cookies by MDSAPP only and does not cover the use of cookies by any third-party. MDSAPP reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between MDSAPP and you pertaining to the subject matter hereof. In its sole discretion, MDSAPP may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site.

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