We may make changes to the Terms from time to time. When these changes are made, we will make a new copy of the Terms available at PatientMD.com and any new additional terms will be made available to you from within, or through, the affected Application. You understand and agree that if you use the Application after the date on which the Terms changed, we will treat your use as acceptance of the updated Terms.
PatientMD provides a mobile application to allow you to:
- downloadand access updates to certain applications already provided on your mobile phone as well as any related content,
- download additional optional applications for your mobile phone, and
- access content and other software applications (collectively “Application”).
PatientMD grants you a limited, personal, non-exclusive, non-transferable license to: use the Application (in object code executable only form) on a single device for personal, non-commercial uses; and download the Application any number of times onto a single device (provided that no more than one copy is installed on the single device at any one time) while the Application is available for distribution. For clarity, an Application may be withdrawn by PatientMD. These Terms will apply to such copies as it applies to the original copy of the Application installed by you. The contents, Application and other software services made available through the Application are licensed, not sold, to you by PatientMD for use only under these Terms.
You acknowledge and agree that PatientMD (or PatientMD’s licensors) own all legal rights, title and interest in and to the Application, including any Intellectual Property Rights which subsist in the Application (whether those rights happen to be registered or not, and wherever in the world those rights may exist). "Intellectual Property Rights" means any and all worldwide rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all renewals, extensions and restorations thereof, now or hereafter in force and effect. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to, contained within, or accessed in conjunction with or through the Application. Nothing in these Terms gives you a right to use any of PatientMD’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.
Use of the Application requires a device (which is compatible with the Application), internet access (fees may apply), and certain software (fees may apply). It may also require obtaining updates or upgrades from time to time. The use of the Application involves hardware, software, and internet access and therefore your ability to use the Application may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility, and not the responsibility of PatientMD or its licensors. The Application is not part of any other product or offering, and no purchase or rental (as applicable) or obtaining of any other product shall be construed to represent or guarantee you access to the Application. The software used in connection with the Application may automatically download and install updates from time to time from PatientMD. These updates are designed to improve, enhance and further develop the Application and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit PatientMD to deliver these to you) as part of your use of the Application. PatientMD reserves the right, in its sole discretion, to change, improve, and correct the Application. The Application may not be available during maintenance breaks and other times. PatientMD may also decide to discontinue the Application or any part thereof in its sole discretion. In such a case, you will be provided with prior notification.
Your use of the Application may entail the transmission of data through Application provided by your mobile operators or other carriers. Therefore, such mobile operators/carriers may charge you for use of the Application by way of mobile phone/carrier billing. Some of the Application is supported by advertising revenue and may display advertisements and promotions. The manner, mode, and extent of advertising on the Application are subject to change without specific notice to you. In consideration of PatientMD granting you access to and use of the Application, you agree that PatientMD may place such advertising on the Application.
The Application may include hyperlinks to external web sites, content, resources, or provide content posted by third-parties, including content related to third-party products and services. PatientMD has no control over any web sites, resources, or information provided by companies or persons other than PatientMD. By using the Application, you acknowledge and agree that PatientMD is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of the availability of any such external sites or resources (or the content thereof), and does not endorse any advertising, products or other materials on or available from such web sites or resources. We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of reliance on such web sites or products.
The sole purpose of the Application is to provide a platform for discussing, posting, sharing, and otherwise communicating about matters, materials, and services related solely to health care and for no other purpose.
All users shall be responsible for conducting their Application-related activities in compliance with all applicable laws, rules and regulations. Without limiting the foregoing, you specifically agree that you will not make posts, share multimedia (including photos, videos, or other recordings), or send messages in the Application that:
- Contain profanity, racist, sexist or homophobic comments, harass or stalk any person, or contain defamatory statements or personal attacks on others;
- Disrupt any other user’s enjoyment of the Application;
- Are made under another person’s name or impersonate anyone;
- Contain personal details or private information about any other person, including but not limited to any Protected Health Information as that term is defined by applicable law, or any confidential information or any information that would infringe upon the proprietary, privacy, or personal rights of others;
- Breach any intellectual property rights law (including posting material protected by copyright without the permission of the copyright owner or using any words, logos or other marks that would infringe upon the trademark, service mark, certification mark, or other intellectual property rights of the owners of such marks without the permission of such owners);
- May be considered spamming or contain chain letters or any other form of unauthorized solicitation, including the solicitation of lawsuits;
- Violate U.S. export laws or encourage illegal activity of any kind; or
- Are otherwise unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous or hateful to any other person or entity as determined solely by PatientMD in its sole discretion.
By posting, sharing, or otherwise communicating material through the Application, the posting party warrants and represents that he or she owns the copyright with respect to such material or has received permission from the copyright owner. In addition, the posting party grants PatientMD and users of the Application the nonexclusive right and license to display, copy, publish, distribute, transmit, print, and use such information or other material. Once you have created a post, shared, or otherwise communicated the material, you cannot withdraw or retract the license and consent. By posting on the Application, you acknowledge that the material is not confidential and agree that other users of the Application may copy, use, transmit, modify, distribute and display the content you post.
Messages or other communications should not be posted, shared, or otherwise communicated through the Application if they encourage or facilitate users to arrive at any agreement that either expressly or impliedly leads to price fixing, a boycott of another's business, or other conduct intended to illegally restrict free trade. Messages that encourage or facilitate an agreement about the following subjects leading to price fixing or boycotts are inappropriate: (i) prices, discounts, or terms or conditions of sale; (ii) salaries; profits, profit margins, or cost data; (iii) market shares, sales territories, or markets; (iv) allocation of customers or territories; or (iv) selection, rejection, or termination of customers or suppliers.
Messages or other communications posted or otherwise shared by users that discuss prices of medical or other healthcare-related products or services may be posted or shared for purposes of discussing the value of such products or services to the user.
- Do not challenge or attack others. The discussions and comments are meant to stimulate conversation, not to create contention. Let others have their say, just as you may.
- Use caution when discussing products. The information posted or otherwise shared on the Application is available for all to see, and comments are subject to libel, slander, and antitrust laws.
- Remember that other participants have the right to reproduce postings to the Application unless you specify that such reproduction is not permitted.
- Always include a signature tag on all messages, posts, and other shared content.
Healthcare service providers are part of the community that uses the Application. If you are a healthcare service provider, the terms set forth in this section (in addition to all other terms) apply to you. In addition to the provisions above, you agree to act with a professional demeanor. Please do not post or otherwise respond or reply to an inquiry when you do not know the answer. This will help avoid postings or other content containing incorrect or misleading answers.
You may, as appropriate, in response to a post or inquiry, provide information about you, your practice, your products and your services. You may not however engage in an aggressive marketing campaign through the Application. The Application is not intended to be a personal marketing vehicle for you.
The Application may be used by PatientMD for marketing purposes and PatientMD may allow third parties to advertise their products or services on the Application.
The Application may permit direct messaging between health care service providers and users that contain Protected Health Information (PHI), as such term is defined by the federal Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (HIPAA). You acknowledge that if you use this direct messaging feature that you will be required to agree to specific consent and authorization terms [PATIENT AUTHORIZATION] related to the sharing of your PHI through the Application. Health care providers using the direct messaging feature are also required to agree to the terms of a business associate agreement with PatientMD.com and any subcontractor with whom PatientMD.com may choose to work. We shall not be liable for any use or disclosure of Protected Health Information in violation of HIPAA through the Application, including, but not limited to, the transmission of Protected Health Information to an unintended recipient.
PatientMD does not pre-screen, verify, or edit the content posted by users in the Application. However, PatientMD reserves the right to monitor any and all information transmitted or received through the Application. PatientMD, in its sole discretion and without further notice to you, may review, censor or prohibit the transmission or receipt of any information which PatientMD deems inappropriate or that PatientMD determines violates the Terms. PatientMD has the sole discretion to enforce the Terms.
If you are a healthcare service provider, PatientMD has the right to verify your credentials. By way of example, if you represent you are a medical doctor, then PatientMD may choose to verify this. If you sign in as a healthcare service provider and you are not, PatientMD is not liable for comments made by you or services provided by you.
PatientMD reserves the right to terminate the access of any user who does not abide by the Terms. The limited license rights granted hereunder by you to PatientMD shall remain in full force and effect.
If you are a user who is not a healthcare service provider, then you may interact directly on this Application with one or more healthcare service providers to learn about medical products, treatments or services, or for other means. PatientMD is not responsible for any medical products, services, treatment, or care suggested to you by a healthcare service provider that subscribes and/or uses this Application. In this regard, PATIENTMD HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, RESPONSIBILITY, AND LIABILITY OF ANY KIND REGARDING ANY COMMUNICATIONS BETWEEN YOU AND ANY HEALTHCARE SERVICE PROVIDERS OR USERS OTHERWISE HOLDING THEMSELVES OUT TO BE HEALTH CARE SERVICE PROVIDERS FOR THE PURPOSE OF OBTAINING MEDICAL SERVICES, PRODUCTS, TREATMENT OR CARE FROM USE OF THIS APPLICATION. PATIENTMD OPERATES THIS APPLICATION AS A CONVENIENCE FOR YOU AND HEALTHCARE SERVICE PROVIDERS. PATIENTMD IS NOT LICENSED TO RENDER MEDICAL OR HEALTHCARE ADVICE TO YOU ON ANY TOPIC OR FOR ANY PURPOSE, AND DISCLAIMS LIABILITY FOR ANY DIAGNOSES OR TREATMENTS RECOMMENDED TO YOU BY A HEALTHCARE SERVICE PROVIDER THAT USES THIS APPLICATION. You acknowledge that the information provided through the Application is comprised of content from sources, which are beyond the control of PatientMD. The Application is intended to provide for the exchange of information on resources, products, services, and content to facilitate the delivery of patient care by physicians and other healthcare professionals. Use of the Application does not substitute for professional medical advice, diagnosis, or treatment. Neither PatientMD nor its licensors shall be responsible, and each expressly disclaims responsibility, for damages of any kind arising out of the use of, reference to, or reliance on, the Application, including any content contained therein. Neither PatientMD nor its licensors shall be liable for any errors, inaccuracies, or delays in the content, or for any actions taken by you in reliance thereon.
Further, you acknowledge that the purpose of the Application is to facilitate the delivery of health care services by healthcare service providers and is not a substitute for obtaining the advice of a health care professional. You are responsible for seeking the healthcare advice of a healthcare professional if you are experiencing medical problems.
YOU ASSUME ALL RESPONSIBILITY (AND HEREBY HOLD PATIENTMD HARMLESS) FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION ON YOUR COMPUTER OR OTHER ELECTRONIC EQUIPMENT USED TO ACCESS THE APPLICATION, BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS. YOU ACKNOWLEDGE THAT THE APPLICATION IS PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS. PATIENTMD AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING AND ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NONE OF PATIENTMD NOR ANY OF ITS AFFILIATES OR LICENSORS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS, DAMAGE, LIABILITY, COST, OR EXPENSE SUFFERED OR INCURRED IN CONNECTION WITH THE USE OF OR PARTICIPATION IN THE APPLICATION OR ITS CONTENT NOR FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE APPLICATION FOR ANY PURPOSE WHATSOEVER, EVEN IF PATIENTMD OR ITS AFFILIATES OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PROVISIONS CONTAINED IN THIS LIABILITY SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
You hereby agree to indemnify, defend, and hold harmless PatientMD, its affiliates and its licensors (including their officers, directors, members, managers, partners, employees, affiliates, agents, representatives or subcontractors) for and against any and all claims brought by persons or entities other than the parties to this agreement arising from or related to your access to and use of the Application, including the information obtained through the Application.
The content within the Application is protected by copyright and other laws in both the United States and elsewhere. The content includes both contents owned and controlled by PatientMD and content of third-parties. You have permission to view and download a single copy of the content of the Application, as long as you comply with the Terms or until PatientMD terminates this agreement or your access rights. All rights not granted to you herein are expressly reserved by PatientMD.
If you own intellectual property and believe it is being infringed on by the Application, please let us know by filing a complaint as set forth below. In accordance with the Digital Millennium Copyright Act (17 U.S.C. §512), any notification of claimed copyright infringement must be sent to PatientMD’s Designated Agent with the following information:
- A physical copy or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed or if multiple copyright work at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or could be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit PatientMD to identify the material;
- A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This agreement shall be governed by the laws of the State of Illinois.