Terms and Conditions
1. Disclaimer The Services provided My Virtual Doctor are not a substitute for an insurance plan. My Virtual Doctor does not provide any actual medical services. Telemedicine services are provided by MD Live.
2. Use of the Site. My Virtual Doctor, LLC. (“My Virtual Doctor”, “we”, “us”, or “our”) operates the website located at https://www.myvirtualdoctor.com/ and other related websites and mobile applications with links to these Terms and Conditions (collectively, the “Site”). We offer a Prescription Discount Card, Health Advocate Services, assistance with Pharmacy Assistance Programs, and access to MD Live. By accessing and using the Site, you agree to be bound by these Terms and Conditions and all other terms and policies that appear on the Site. If you do not wish to be bound by any of these Terms and Conditions, you may not use the Site or the Services.
3. Healthcare Services. My Virtual Doctor does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by Treating Providers, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither My Virtual Doctor nor any third parties who promote the Services or provide you with a link to the Service shall be liable for any professional advice you obtain from a Treating Provider via the Services.
4. Site Content. None of the Site content (other than information you receive from an MD Live clinician) should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you.
5. Informed Consent.
A. Telemedicine is the delivery of health care services using interactive audio and video technology, where the patient and the health care professional are not in the same physical location. During your telehealth consultation with an MD Live clinician, details of your health history and personal health information may be discussed with you through the use of interactive video, audio and other telecommunications technology, and your MD Live clinician may perform an examination through these technologies. My Virtual Doctor has no involvement with your Telemedicine visit or any of the information generated from said visit.
B. The telehealth Services you receive from MD Live clinicians are not intended to replace a primary care physician relationship or be your permanent medical home.
6. Privacy. My Virtual Doctor is required to comply with the federal health care privacy and security laws and maintain safeguards to protect the security of your health information. Additionally, the information you provide to your MD Live clinician during a medical consultation or therapy session is legally confidential, and that includes My Virtual Doctor.. We devote considerable effort toward ensuring that your personal information is secure.. As part of providing you Services, we may need to provide you with certain communications, such as appointment reminders, service announcements and administrative messages. These communications are considered part of the Services and your Account. While secure electronic messaging is always preferred to insecure email, under certain circumstances, insecure email communication containing personal health information may take place between you and My Virtual Doctor. My Virtual Doctor cannot ensure the security or confidentiality of messages sent by email. Information relating to your care, including clinical notes and medical records, are stored on secure, encrypted servers maintained by My Virtual Doctor.
7. User Accounts. When you register on the Site, you are required to create an account (“Account”) by entering your name, email address, password and certain other information collected by My Virtual Doctor (collectively “Account Information”). To create an Account, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use our Services. You agree that the Account Information that you provide to us at all times, including during registration and in any information you upload to the Site will be true, accurate, current, and complete. You may not transfer or share your Account password with anyone, or create more than one Account (with the exception of subaccounts established for children of whom you are the parent or legal guardian). You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. My Virtual Doctor reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Site and your Account Information. In no event and under no circumstances shall My Virtual Doctor be held liable to you for any liabilities or damages resulting from or arising out of your use of the Site, your use of the Account Information or your release of the Account Information to a third party. You may not use anyone else’s account at any time.
10. Fees and Purchase Terms. You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing My Virtual Doctor with your credit card number and associated payment information, you agree that My Virtual Doctor is authorized to immediately invoice your account for all fees and charges due and payable to My Virtual Doctor hereunder and that no additional notice or consent is required.
The charge on your credit card bill will appear as My Virtual Doctor on your credit card statement
11. Website Links. WE WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, NOR FOR YOUR USE OF SUCH INFORMATION, SOFTWARE OR LINKS, NOR FOR THE ACTS OR OMISSIONS OF ANY SUCH WEBSITES OR THEIR RESPECTIVE OPERATORS.
13. Trademarks. Certain of the names, logos, and other materials displayed on the Site or in the Services may constitute trademarks, trade names, service marks or logos (“Marks”) of My Virtual Doctor or other entities. You are not authorized to use any such Marks without the express written permission of My Virtual Doctor. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
14. Termination. You may deactivate your Account and end your registration at any time, for any reason by sending an email to firstname.lastname@example.org . My Virtual Doctor may suspend or terminate your use of the Site, your Account and/or registration for any reason at any time. Subject to applicable law, My Virtual Doctor reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Site pursuant to its internal record retention and/or content destruction policies. After such termination, My Virtual Doctor will have no further obligation to provide the Services, except to the extent we are obligated to provide you access to your health records or Treating Providers are required to provide you with continuing care under their applicable legal, ethical and professional obligations to you.
15. Right to modify. We may at our sole discretion change, add, or delete portions of these Terms and Conditions at any time on a going-forward basis. Continued use of the Site and/or Services following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms and Conditions, inclusive of such changes
16. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SITE OR SERVICES IS AT YOUR SOLE RISK. BOTH THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MY VIRTUAL DOCTOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION.
You acknowledge and agree that My Virtual Doctor does not provide medical advice, diagnosis, or treatment, and is strictly a technology platform and infrastructure for connecting patients with independent third party Providers, including physicians and other MD Live clinicians. You acknowledge and agree that MD Live will be solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all medical services, advice, instructions, treatment decisions, and other professional health care services performed, and that all diagnoses, treatments, procedures, and other professional health care services will be provided and performed exclusively by or under the supervision of MD Live, in their sole discretion, as they deem appropriate.
17. LIMITATION OF LIABILITY. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL MY VIRTUAL DOCTOR OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
18. Indemnification. You agree to indemnify, defend and hold harmless My Virtual Doctor, its officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers, harmless from and against any claim, actions, demands, liabilities and settlements, including without limitation reasonable legal and accounting fees (“Claims”), resulting from, or alleged to result from, your violation of these terms and conditions. In addition, you agree to indemnify, defend and hold harmless your Treating Provider(s) from and against any third party Claims resulting from your lack of adherence with the advice or recommendation(s) of such Treating Provider.
19. Geographical Restrictions. My Virtual Doctor makes no representation that all products, services and/or material described on the Site, or the Services available through the Site, are appropriate or available for use in locations outside the United States or all territories within the United States.
These Terms and Conditions and your use of the Site shall be governed by the laws of the State of Delaware, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these Terms and Conditions will be resolved exclusively by final and binding arbitration in Broward County, Florida under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security. The parties agree to the personal and subject matter jurisdiction and venue of the courts located in Broward County, Florida for any action related to these Terms and Conditions.
You understand that by checking the “agree” box for these Terms and Conditions and/or any other forms presented to you on the Site you are agreeing to these Terms and Conditions and that such action constitutes a legal signature. You agree that we may send to you any privacy or other notices, disclosures, or communications regarding the Services (collectively, “Communications”) through electronic means including but not limited to: (1) by e-mail, using the address that you provided to us during registration, (2) short messaging service (“SMS”) text message to the mobile number you provided us during registration, (3) push notifications on your mobile device or (4) by posting the Communications on the Site. The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Communications by email by canceling or discontinuing your use of the Service. You can opt-out of future Communications through SMS text message by replying “STOP” or by calling My Virtual Doctor customer support.
No waiver by the Company of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
My Virtual Doctor devotes considerable effort to optimizing signal strength and diagnosis deficiencies but is not responsible for the internet or data bandwidth and signal of your mobile device.
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 this Web site infringe your copyright, you (or your agent) may send us 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 us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright. In accordance with the DMCA, My Virtual Doctor 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 My Virtual Doctor, LLC 7451 Wiles Road, Coral Springs, FL 33067
Notice of Health Information Privacy Practices
Effective: October 3, 2013
This notice describes how medical information about you may be used and
disclosed and how you can get access to this information.
Please review it carefully.
How is Patient Privacy Protected?
As the healthcare providers providing online medical services through My Virtual Doctor (the “Healthcare Providers”, “us”, “we”, “our”), we understand that information about you and your health is personal. Because of this, we strive to maintain the confidentiality of your health information. We continuously seek to safeguard that information through administrative, physical and technical means, and otherwise abide by applicable federal and state guidelines.
How do we use and disclose health information?
We use and disclose your health information for the normal business activities that the law sees as falling in the categories of treatment, payment and health care operations.
We may also use your health information to:
- Comply with federal, state or local laws that require disclosure.
- Assist in public health activities such as tracking diseases or medical devices.
- Inform authorities to protect victims of abuse or neglect.
- Comply with Federal and state health oversight activities such as fraud investigations.
- Respond to law enforcement officials or to judicial orders, subpoenas or other process.
- Inform coroners, medical examiners and funeral directors of information necessary for them to fulfill their duties.
- Facilitate organ and tissue donation or procurement.
- Conduct research following internal review protocols to ensure the balancing of privacy and research needs.
- Avert a serious threat to health or safety.
- Assist in specialized government functions such as national security, intelligence and protective services.
- Inform military and veteran authorities if you are an armed forces member (active or reserve).
- Inform a correctional institution if you are an inmate.
- Inform workers’ compensation carriers or your employer if you are injured at work.
- Recommend treatment alternatives.
- Tell you about health-related products and services.
- Communicate within our organization for treatment, payment, or health care operations.
- Communicate with other providers, health plans, or their related entities for their treatment or payment activities, or health care operations activities relating to quality assessment or licensing.
- Provide information to other third parties with whom we do business, such as a record storage provider. However, you should know that in these situations, we require third parties to provide us with assurances that they will safeguard your information.
- Communicate with individuals involved in your care or payment for that care, such as friends and family.
- Send appointment reminders.
What are the Healthcare Provider’s Responsibilities?
We are required by law to:
- Maintain the privacy of your health information
- Provide this notice of our duties and privacy practices
- Abide by the terms of the notice currently in effect.
- Tell you if there has been a breach that compromises your health information.
We reserve the right to change privacy practices, and make the new practices effective for all the information we maintain. Revised notices will be posted on the My Virtual Doctor website.
Do you have any Federal Rights?
The law entitles you to:
- Inspect and copy certain portions of your health information. In most cases this will not include psychotherapy notes and we may deny your request under limited circumstances. (Fees may apply to this request). If we keep records electronically, you may request that we provide them to you in an electronic format.
- Request amendment of your health information if you feel the health information is incorrect or incomplete. (However, under certain circumstances we may deny your request.)
- Request amendment of your health information if you feel the health information is incorrect or incomplete. (However, under certain circumstances we may deny your request.)
- Request that we restrict how we use or disclose your health information. (However, we are not required to agree with your requests, unless you request that we restrict information provided to a payor, the disclosure would be for the payor’s payment or health care operations, and you have paid for the health care services completely out of pocket).
- Request that we communicate with you at a specific telephone number or address.
- Obtain a paper copy of this notice even if you receive it electronically.
We may ask that you make some of these requests in writing.
What if I have a Complaint?
If you believe that your privacy has been violated, you may file a complaint with us or with the Secretary of Health and Human Services in Washington, D.C. We will not retaliate or penalize you for filing a complaint with the facility or the Secretary.
- To file a complaint with us or receive more information contact:
- Phone: 1-855-80-DOCTOR
- Email: email@example.com
- Address: 7451 Wiles Road, Suite 205, Coral Springs, FL 33067
To file a complaint with the Secretary of Health and Human Services write to 200 Independence Ave., S.E., Washington, D.C. 20201 or call 1-877-696-6775.
Who Will Follow This Notice?
This Notice describes the healthcare practices of:
- All departments and units through which My Virtual Doctor’s online services are provided; and
- All affiliates and volunteers.