1. Introduction: GetCareMD (“GCMD”, “our”, “us”, or “we”) manages the website www.getcaremd.com, mobile applications, and other associated websites (collectively referred to as the “Website”). Through these websites, we manage several online services that deliver telehealth services to members (“user”, “you”, “users”, “your”, or “Members”) from healthcare practitioners (“Services”), such as Physician Assistants, Nurse Practitioners, Osteopathy Doctors, and Medical Doctors (“Providers”), stationed in the United States. You consent to these Conditions and Terms once you access the Website or Services. If you disagree with these Conditions and Terms, stop utilizing and accessing the Website and Services immediately. Please keep a record of these Conditions and Terms for accountability.
2. Services Rendered: GCMD provides a communication platform online that connects Members pursuing diagnosis, treatment, and medical consultation with healthcare providers. However, IN THE EVENT OF AN EMERGENCY, CALL 9-1-1 AS SOON AS POSSIBLE. GCMD does not provide its Website and Services for any urgent situations or medical emergencies. If you think you’re experiencing a medical emergency, dial “911” as soon as possible. You ought to pursue emergency assistance and care if directed to by a Healthcare Provider or whenever else needed. You should consistently consult your primary care provider or other recommended healthcare professionals. Be sure to seek the expertise of a physician or any other qualified provider regarding queries about medical conditions and before starting, stopping, or modifying any medical treatment. GCMD does not accept insurance as payment for services rendered and is not an insurer. The amounts paid to GCMD for its services, which aren’t considered insurance products, aren’t regarded as premiums on insurance. If you have health insurance, you consent to forego its benefits by your utilization of the Website or Services, barring medical imaging and laboratory testing, assuming your insurer covers these services.
3. Telehealth Service Risks: By utilizing these Services, you recognize the risks tied to telehealth services. The risks include, but aren’t limited to: inadequate access to your medical records, causing allergic reactions or harmful drug interactions or other errors of judgement; evaluation or treatment delays are possible because of electronic equipment failures; inadequate or insufficient data transmission (e.g., low-resolution images) to permit appropriate healthcare or medical decision-making by the Healthcare Provider; despite the software and network security protocols of our electronic systems to secure and keep private health data, those protocols can fail, resulting in a privacy breach of your data.
4. Prescription Policy: GCMD does not promote any particular pharmacy, pharmacologic product, or medication. After a provider prescribes medication (as per their professional judgment and discretion), the supply of said medication will be controlled by state regulations. GCMD does not prescribe any scheduled medications, DEA-controlled substances, or any other substances that can be harmful because of their perversion risk. GCMD holds the right and authority to reject care if it suspects a possible or actual misutilization or perversion of its Website or Services. After you get a medication order, you can take that prescription to your preferred pharmacy. If you have no pharmacy in mind, GCMD can provide a suggestion. However, this suggestion should not be equivocated with a promotion or guarantee of the pharmacy’s provided products. You acknowledge that any prescriptions get from a Provider are only for your personal utilization. You consent to carefully and fully read all the provided product data and labels accompanying any prescribed medication and to get in touch with a pharmacist or physician if you have any queries regarding the label, prescription, precautions, or product data or any other queries regarding the utilization or consequences of any prescriptions.
5. Service Availability: GCMD is subject to federal and state regulations and laws, and Services may be unavailable in your state. You must prove that you aren’t barred from receiving and/or enrolling for the Services under the relevant U.S. law or any appropriate jurisdiction. Services are unavailable to people outside of the U.S. With regard to jurisdictions wherein the Website or Services are considered illegal, utilization is prohibited and unauthorized.
6. Revisions: GCMD may, without notifying you beforehand, alter these Conditions and Terms. If these Conditions and Terms change, GCMD will post a note regarding the new Conditions and Terms on the Website and update the Effective Date to reflect the new conditions. The updated Conditions and Terms will go into effect on the Effective Date barring any notice against the case. By utilizing or accessing the Website after the aforementioned changes are stated, you agree to all of the changes. The updated Conditions and Terms will also be shown when you access the Website. You must approve your agreement to the updated Conditions and Terms before gaining access to the website. If you disagree with the updated Conditions and Terms, the only available solution is to stop utilizing the Website. Once done, you’ll be considered to have rejected the Conditions and Terms.
7. Access: You can utilize and access the Website through remote access connectivity granted to you according to these Conditions and Terms. Before accessing the Website, you’ll be prompted to make an account. You must protect the login data used to access the Website and Services. Furthermore, you should not reveal this data. In the instance in which your data is illegally used or you cognize some security breach pertaining to the Website or Services, immediately notify GCMD by email at question@getcaremd.com.
8. Warranties and Representations: By registering, you agree with the following: (i) you’re at least 18 years old, (ii) your registration data is complete and correct, (iii) you’re legal authorized to enter into these Conditions and Terms with GCMD, (iv) you’ll not impede a third party’s enjoyment and utilization of the Website, (v) you’ll abide by all laws regulating your utilization of the Website, (vi) you’ll not impede GCMD and its vendors’ protective measures, (vii) if any of your provided data is no longer accurate, complete or true, you’ll notify GCMD, (viii) you recognize that the Services distributed through the Website aren’t considered “insured services” under any health plan, and (ix) you’re utilizing the Website either for yourself or for a minor under 18 whose legal guardian you are.
9. Termination: Violation of these Conditions and Terms, may void your right to utilize the Website. GCMD may terminate or restrict your access to the Website for any reason without any notice beforehand. These actions are part of other remedies and rights GCMD may legally have available. Furthermore, GCMD won’t be liable to anyone for any such discontinuance or termination. You may terminate these Conditions and Terms by halting your utilization of the Website. Upon termination, you must stop utilizing the Website at once. To the extent allowed by relevant law, liability limitations, disclaimers, termination and your indemnities and warranties will persist past the termination of the Conditions and Terms.
10. Prohibited Uses: While utilizing the Website, Members agree to not engage in the following behavior: (i) Using the Website to transmit any illegal, hateful, harassing, harmful, defamatory, threatening, infringing or otherwise objectionable material, any material that can hamper or harm the Website or computers in any way, and any unrequested promotional materials, advertising, or solicitation; (ii) create a deceptive identity or affiliation; (iii) Impede anyone from utilizing the Website, reveal personal data collected from the Website, or gather data on members of the Website; (iv) Disassemble, reverse engineer or decompile any technology or section on the Website, or attempt to gain access without authorization to the Website, to other members’ personally identifiable data, names, accounts, or other data, or to other computers or websites tied to the Website, utilization or launch of any automated system, including “spiders,” “offline readers,” or “robots” that access the Website in a malicious manner by sending more request messages to the servers in a given period than is humanly possible within reason through a conventional browser; use the Website to transmit unsolicited messages, chain letters, “phishing,” “spam” messages, or marketing messages; transmit, post, or otherwise infect with any virus, spyware, worm, or any other computer code, program, or file that may hijack or damage the operation of any software, hardware, or telecommunications tools; violate relevant regulations and laws in any way; alter any part of the services or content offered on or via the Website; permit any other person to utilize the Website with your login data; circumvent or breach GCMD’s security or authentication measures; and help any persons to engage in any of the above-described activities.
11. Intellectual Property: GCMD is the exclusive owner of the Website, including all patent, trademark, copyright, trade secret and other property rights, in and to the Website and any related documentation and materials. No ownership or title of the Website or any portion of it’s shifted to you. GCMD reserves all rights not expressly granted hereunder. You agree to not delete nor alter any proprietary or copyright notices associated with materials downloaded from the Website. If you post, transmit submit, or upload any medical history, ideas, problems, data, consent forms, images, health data, agreements, conditions, symptoms, comments, suggestions, files, or other materials to GCMD or our Website (“User Data”), you agree to not provide any User Data that (1) violates the trade dress, privacy, trade secrets, copyright, trademark, or the intellectual property rights of any entity or person (2) is libelous, abusive, pornographic, defamatory, false, illegal, threatening, inaccurate, obscene, harassing, fraudulent, or harmful, or that could encourage unethical or criminal behavior, or (3) transmits or contains a harmful component, like a virus. You agree to not contact other Website users through unrequested telephone calls, e-mail, or any other method of communication. You warrant and represent to GCMD that you have the lawful authority and right to provide all member information to GCMD for utilization as stated and required by GCMD. GCMD may remove identity markers from your data so that it isn’t considered personally identifiable or protected health data. GCMD may reveal, sell, collect, or otherwise utilize such data to third parties for research, analytics, or other intentions. You agree not to (i) utilize the Services or access the Website in any illegal way or for any illegal intention; (ii) convey or post (a) a communication under a false identity, or (b) any data that is (1) obscene, false, libelous, fraudulent, defamatory, or contrary to the ownership of any other entity, or (2) contains or spreads any malware, Trojan horse, virus, time bomb, worm, or other computer program or code intended to intercept, download, damage, interfere, destroy, manipulate, or otherwise expropriate or interrupt the Website or the Services, equipment, servers, personal data, software, to enable or promote hacking or similar behavior; (iii) impersonate someone or misrepresent your identity or your affiliation with an entity or person; (iv) spoof, tamper, modify, hack, copy, or otherwise corrupt the security, administration, or proper function of the Website or the Services; (v) employ scripts or robots with the Website; (vi) attempt to reverse assemble, engine, compile; decompile; disassemble; translate; or otherwise defraud, alter, or create false results from any data on, executable code, or gathered by this Website; (vii) having any antispyware or antivirus software that overrides the browser’s settings; (viii) wrongly identify the sender of any transmission to GCMD. You may not alter the origin or attribution of messages, e-mails, or posting; (ix) gather personal data about anyone who utilizes the Website or the Services; (x) support infringement or infringe on any patent, copyright, trade secret, trademark, or other privacy, proprietary, or publicity rights of anyone, including third parties. You consent to indemnify, hold harmless, and defend GCMD and its Providers against and from all third-party damages, claims, and expenses incurred by or against us due to user data that you transmit through or upload to the Website.
12. Online Payments: You can purchase the Services on the Website through checking accounts, debit and cards (“payment methods”) issued by banks in the U.S. For credit card transactions, GCMD may seek pre-approval for some amount limited by the amount of the payment. In the instance that you set up automatic payments to GCMD, all fees and charges will be billed to that payment method. If you wish to alter your payment methods, log in to the Website and update your payment method data. This will likely place your capacity to make online payments on hold until the system can verify the new payment method. You warrant and represent that if you’re making payments online that (i) any financial data you supply is correct, true, and complete, (ii) your financial institutions will honor your incurred charges, (iii) you’ll satisfy your incurred charges in the amounts posted, including relevant taxes, and (iv) you’re authorized to make transactions with the relevant payment method and you’re the individual to whom the payment method was issued. Additionally, Members subscribed to the GCMD Monthly Subscription service will be automatically billed through the payment method chosen by the user until the user cancels their subscription. Additional fees tied to the Monthly Subscription service will also be billed to the payment method chosen by the user.
13. Disclaimer: The Website is supplied on an “as available” and “as is” basis and without warranties of any kind. To the fullest extent permitted by relevant law, GCMD disclaims all warranties, representations, and conditions, implied or express, including, but not exhausted by, warranties of merchantability and fitness for a particular intention or implied condition. GCMD does not warrant that the Website will be error-free or uninterrupted, that the Website or servers supporting it are free of harmful elements, or that defects will be corrected. GCMD makes no assurances, and disclaims any representation or warranty about its timeliness, accuracy, relevance, appropriateness, or completeness of any content posted on the Website for a specific intention. GCMD bears no liability relating to or arising from the interruption, delay, corruption, or failure of any information or other data communicated tied to the utilization of the Website. Appropriate law may disallow the exclusion of implied warranties, so the aforementioned exclusions may not be relevant to you.
14. Jurisdiction: These Conditions and Terms are regulated by the laws of and pertaining to the State of Texas. All parties categorically submit to the mandate of the courts of the State of Texas, County of Dallas, with regard to all disputes and matters arising, and forego any argument for lack of personal authority in that jurisdiction. These Conditions and Terms aren’t regulated by the United Nations’ Convention on Contracts for the International Sale of Goods. The convention’s application is excluded. If any part of this document is found to be void by a court of law, the remaining portions of the document shall remain in full effect and force.
15. Personal Data: In these Conditions and Terms, Personal Data, as defined by GCMD’s Privacy Policy, will be utilized by GCMD only in harmony with these Conditions and Terms, and GCMD’s Privacy Policy. Furthermore, you acknowledge and consent that GCMD may monitor your usage of the Services and Website and activities.
16. Waiver: No exclusion or delay by GCMD to exemplify any power or right it is given by these Conditions and Terms or to take issue with the failure of any compact of you to be handled in a complete and timely manner, shall vitiate any such power or right or be interpreted as a forfeit of any succeeding compact. All waivers by GCMD must be signed by a verified representative of GCMD and in writing.
17. Entire Agreement: These Conditions and Terms comprise the totality of the agreement between GCMD and you as it relates to the utilization of and access to the Website, as well as the subject of these Conditions and Terms and supersede all past or synchronous representations, agreements, negotiations, and proposals, oral or written between you and GCMD.
18. Assignment: These Conditions and Terms are exclusive to you, and aren’t transferable, sublicensable, or assignable by you barring with GCMD’s written consent prior to the action. GCMD may transfer, delegate, or assign any of its rights and responsibilities without your approval.
19. Dispute Resolution; Arbitration Agreement: GCMD will make an honest attempt to solve any issue you have with GCMD, including Services purchased or ordered through the Website, after receiving a written notice of such problems from you. However, in the rare instance that the issue is unresolvable to a user’s satisfaction, the user and GCMD agree that any claim, dispute, or controversy caused by or tied to these Conditions and Terms or your utilization of the Website, including Services purchased or ordered through the Website, shall be determined by binding arbitration. Furthermore, you agree that the U.S. Federal Arbitration Act regulates the enforcement and interpretation of this article, and that you and GCMD are each foregoing the right to partake in a class action or to a trial by jury. This arbitration article will survive the end of these Conditions and Terms and all other contractual relationships between GCMD and you.
20. Force Majeure: GCMD will not be considered to be responsible for any breach or in breach of its Privacy Policy or its Conditions and Terms because of any instance beyond our reasonable control, including war, failures of any public networks, terrorism, invasion, acts of God, electrical shortages, earthquakes, floods, or other natural disasters, civil disorder, fire, strikes, or other disasters.
21. Indemnification: You consent to indemnify, hold harmless, and defend GCMD and any associates against and from all losses, rights, liabilities, demands, claims, damages, actions, causes of action, and suits (regardless of whether at equity or law), costs, fees (including attorney’s fees arising indirectly or directly out of or in association with: (i) your utilization or misutilization of the Website, Services or any data on the Website; (ii) your violation of the Privacy Policy or Conditions and Terms; (iii) the subject or content of any data you give to GCMD or any customer service agent or Provider; and/or (iv) any wrongful or negligent exclusion or act by you in your utilization or misutilization of the Website, Services, or data on the Website, including negligent or wrongful conduct and infringement of third-party privacy rights, intellectual property rights, etc.