User Terms of Use  

ASKUSDOCTORS.COM TERMS AND CONDITIONS OF USE FOR AskUSDoctors SOFTWARE, WEBSITE(S) AND SERVICES FOR NON-HEALTH CARE PROVIDERS AND HEALTH CARE PROVIDERS.

 

TERM AND CONDITIONS

 

If at any time, you do not accept this document in its entirety, you may not enter or use any of the services offered. Thank you for your understanding and cooperation.

 

Terms of Use:

The Entirety of this document (herein called “Terms and Conditions”) is meant for all users and/or visitors (herein called “User”) of Ask US Doctors, LLC., AskUSDoctors.com (herein called “The Company” or “The Website”, where appropriate), including but not limited to any and all of its subsidiaries, affiliates and/or partners, as well as services and information it/they offer.  A User includes any and all patients, patient’s relatives, patient’s friends, patient’s legal guardian, patient’s power of attorney, all healthcare providers and all non-healthcare providers. If you are under the age of eighteen (18), you are not recognized as a User and may not utilize the websites and/or services of The Company without a legally provided parental consent. Any and all use of The Company’s services explicitly signifies full acceptance of Terms and Conditions, not in part, but in its entirety, without any exception. Without notice, The Company may alter these Terms and Conditions, the content of any websites, services it offers, its strategy, and/or its method of business. The User accessing any part of The Website, shall signify complete understanding and acceptance of the current Terms and Conditions. The User understands and accepts that The Company is not a healthcare professional.

 

Information Provided by The Company:

The Company does not provide any medical advice, diagnosis, or treatment. Information obtained from The Company by the User is provided for informational purposes only. It is not intended and shall not be deemed to be a substitute for advice provided by User’s physician and/or any other healthcare professional(s). Additionally, it is not intended to be a substitute for labels of bottles containing medicine. User should not utilize the information obtained as diagnosis of and/or remedy to User’s health issue and/or concern. Always consult with your own healthcare professional prior to taking any action regarding User’s health issue and/or concern. Should there be a suspicion of a medical issue, User should contact a healthcare professional in person. User will never discount or disregard professional advice due to what has been provided by The Company. User understands and accepts that accessing and utilizing any of The Company’s websites or services, does not constitute a patient-doctor relationship with The Company or any of its affiliates and/or partners.

 

Violation:

If you violate any provision(s) of these Terms and Conditions, The Company shall have the authority, in its sole and absolute discretion, to terminate your access to The Website(s), which may include termination of your subscription to The Website(s) and any or all of its services. These actions are in addition to any other right or remedy available to The Company in equity or at law. The Company shall not be liable to you or any third party for any such discontinued termination of services available on The Websites. Neither The Company, its associates or its employees, are obligated to provide any financial reimbursement or otherwise be subject to any penalty upon such termination of access or services as it sees fit.

 

Rights Reserved:

Unauthorized use or copying of The Company’s website(s) is strictly prohibited and any person or entity found to be in violation of these Terms and Conditions will be prosecuted to the fullest extent of the law. The Company trademarks and logos may only be used with the prior written consent of The Company. Any and all fair use of such trademarks and logos in advertising and promotion of products or other services shall require the proper acknowledgment of The Company.

 

1. Usage License and Not Transfer of Title
   By acknowledging and accepting these Terms and Conditions, User agrees only to a right of usage and a right to receive service(s) offered by The Company. User acknowledges and agrees that The Company owns all of the rights, titles, and interest in and to the website(s), including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trademark law, trade secret law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. User agrees not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code any of the information found on any of The Company’s website(s). 
   
   In addition, when using particular website(s) or The Company’s services, you agree to abide by any applicable posted guidelines for all websites services, which may change from time to time, without notice. Should User object to any term(s) and/or condition(s) of these Terms and Conditions, any guidelines, or any subsequent modifications thereto or become dissatisfied with the website(s) in any way, User’s only recourse is to immediately discontinue such use.

               

2. Health Content
   The User shall be solely and exclusively responsible for the accuracy of his/her gathered health data including, but not limited to medical history, details of symptoms, physical exam findings, complaints, previous diagnosis, laboratory values, current medicine and allergy lists, dosages, frequencies, routes, lists of previous and present physicians, and/or other related medical information posted on the website (collectively "Medical Information"). The Company shall not assume any liability or responsibility for any information posted on or used from the website(s), including, but not limited to (i) posted health data, information, prescriptions, prescription features; and (ii) the misuse of such posted health and/or medical information by any authorized third party including Healthcare Providers, physicians and/or entity(ies).
   
   The Service offered by any of The Company’s website(s) is intended to serve only as an additional tool of providing medical information and education. By agreeing to these Terms and Conditions, User acknowledges and agrees that 1. Any and all medical information provided to The Company’s website(s) and 2. Any and all services provided by The Company, are solely for informational purposes and as a method to facilitate the same means by which individuals can obtain further education. It does not and shall not constitute medical advice and/or services and is not intended to serve as a replacement or an alternative to directly communicating with User’s physician(s) and/or healthcare provider(s). ALWAYS CONSULT WITH YOUR PHYSICIAN(S) FOR APPROPRIATE EXAMINATIONS, DIAGNOSIS, TREATMENT, TESTING, AND OTHER CARE RECOMMENDATIONS.
   
   Healthcare providers and entities understand, as well, that any health information on The Company’s website(s) is provided by The Company are solely for informational purposes and shall not constitute medical advice or medical services and is not intended to be a substitute for proper medical care provided by a physician. The Company and its website(s) are only an educational tool. Provided information does not and shall not be considered for medical advice in any way, shape or form by any individual or party participating in, or at the website(s).
   
   
1. Delivery of Information; Access to Information: The Company will coordinate and gather the Medical Information on behalf of User and, at the request of the User, forward the Medical Information to the designated Healthcare Provider selected by The Company at its own sole discretion, via facsimile transmission and/or electronic mail and/or electronic access to the website. The User hereby give their full consent to The Company to distribute the Medical Information as needed without any restrictions, limitations, or claim of privacy. In connection therewith, all Users and all Healthcare Providers hereby acknowledge and agree to the following:
   
   

                                               i.     The Company will not verify the accuracy of correspondence, provided information (including medically related information and material) and/or contact information (including facsimile and phone numbers) furnished by Healthcare Providers or the User(s). All Healthcare Providers and Users shall be responsible for verifying the accuracy of such online correspondence information.  

                                             ii.     The Company makes no claim for conduction of a medical practice. The information obtained from The Company’s website(s) and The Company, via any of its conduits, is strictly educational in nature. Healthcare Providers interacting with The Company are not conducting medical practice, provide diagnosis, treatment or medical advice. They are merely providing educational content based on the information made available and provided to them by the User. It is the responsibility of the User to directly communicate with User’s own Healthcare Providers and physicians overseeing and conducting his/her care in order to 1. Ensure the named Healthcare Provider has received all necessary Medical Information and/or reviewed the Medical Information and 2. Confirm any and all questions and/or concerns User may have in connection with the details of User’s Medical Information.

                                            iii.     Notwithstanding a User’s election to subscribe to and use the services offered by The Company, there is no requirement that a User’s Healthcare Provider and/or The Company view and/or verify such User’s online Medical Information. All Users are advised to directly communicate with User’s OWN Healthcare Providers to ensure that the said Healthcare Provider is in possession of a User’s accurate and updated Medical Information. The Company and all its website(s) shall not have the obligation to communicate whether a User’s Medical Information has been received and/or reviewed by any named Healthcare Providers.

                                            iv.     A User requesting a facsimile or electronic mail delivery of their Medical Information to a named Healthcare Provider ("Requesting User") is deemed to have consented to that Healthcare Provider having access to the Requesting User’s online Medical Information at any time. All Healthcare Providers designated by The Company or other deemed necessary Healthcare Provider shall have the right to access that User’s Medical Information. In the event an User elects to restrict the Healthcare Provider's access to that User’s online Medical Information, it is the responsibility of the User to remove the appropriate Medical Information from the website(s). Furthermore, the verification of receipt of any information or its accuracy is the sole responsibility of the User.

                                              v.     The Company and/or all its website(s) shall not assume any liability for any circumstances arising out of the use, misuse, interpretation or application of any information supplied by or on the website(s).  

 

3. Content
   Unless otherwise expressly permitted by the User, The Company, and its designees, representatives, and employees shall use their best efforts to keep any and all material, information, or other communications submitted or posted to the website confidential and secure to the best of their abilities but, in no way, shape or form will The Company be penalized for any form of system failure that might lead to breech of confidentiality and/or security. The Company, and associated website(s), expressly emphasize that they are not responsible for any information and/or “Medical Data” being accessed by any third party(ies).  Please see section 4.b for HIPPA Compliance as well.
   
   User acknowledges, consents and agrees that The Company and the website(s) may access, preserve, and disclose your account information and content, if required to do so, by law or in a good faith believe that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) respond to your requests for customer service; or (c) protect the rights, property, or personal safety of The Company and the website(s), its users and the general public.
   
   User is prohibited from posting or transmitting to or from the website any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law, throughout the world. Additionally, User agrees not to contact any person, business, or entity that has specifically requested not to be contacted and collect personal data about other users for unlawful purposes. Any such violations under this Section 3 may subject User AND User’s agents to civil and/or criminal penalties.

 

4. NHCP Member Password, HIPPA and Emergency Access Code
1. Password and Security: User may receive a password and account designation upon the completion of the registration process. User is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under User’s password or account. User agrees to (a) immediately notify The Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from User’s account at the end of each session. The Company and its authorized representatives cannot and will not be liable for any loss or damage arising from User’s failure to comply with this Section 5.

 

2. HIPPA Compliance: HIPAA, (American Health Insurance Portability and Accountability Act of 1996), is a set of rules to be followed by doctors, hospitals and other health care providers. Under HIPPA guidelines, a covered entity is any business entity that must comply with HIPPA regulations which includes Healthcare Providers, health plans and healthcare clearinghouses. For purposes of HIPAA, Healthcare Providers include hospitals, physicians and other caregivers ("Covered Entity"). This notice is intended to inform Users that The Company is NOT a covered entity under HIPPA. Notwithstanding the forgoing, The Company will take reasonable measures to ensure the appropriate handling, maintenance, and security of User’s provided Medical Information. 

                

5. No Express or Implied Warranty
   Notwithstanding the best efforts of The Company to ensure a safe and secure network for website users and members, the services provided by The Company are being provided on an “as is” and “as available” basis and The Company expressly disclaims all warrants of any kind, whether express or implied, including, but not limited to the implied warrants of merchantability, fitness for a particular purpose and non-infringement.
   
   The Company makes no warranty that (a) the services will meet User’s requirements, (b) the services will be uninterrupted, timely, secure, or error-free, (c) the quality of any products, services, information, or other material obtained by User through the services will meet User’s expectations, and (d) any errors in the software will be corrected.
   
   Any material downloaded or otherwise obtained through the use of the services is done at User’s own discretion and risk and User will be solely responsible for any damage to Users’s computer system and loss of data that results from the download of any such material.
   
   
6. Modifications to Service: The Company, its authorized representatives, and the website(s) reserves the right at any time and from time to time to modify, in part or whole, or discontinue, temporarily or permanently, the website(s) and its related services (or any part thereof) with or without notice. User acknowledges and agrees that the website(s), The Company, and its respective Managers, Members, employees, agents, assigns, heirs, and successors shall not be liable to User or to any third party for any modification, suspension or discontinuance of such website(s) services.
   
   
7. Personal Information and Privacy: User may be required to establish a website account in order to subscribe to the services made available through the website(s). All personal information provided by User to the website shall be governed by The Company privacy policy ("Privacy Policy").  Please read the terms and provisions of the Privacy Policy as your election to use any and all website(s) services indicates User’s acceptance and assent to the terms of the Privacy Policy.
   
   
8. Limitation of Liability: To the maximum extent permitted by applicable law, in no event shall The Company or any of its affiliates be liable for any consequential, incidental, direct or indirect, special, punitive, or other damages whatsoever or for damages for loss of business profit, business interruption, computer failure, loss of business information, or other pecuniary loss arising out of these Terms and Conditions or the use or inability to use the website(s) or its services, even if the website(s) or The Company have been advised of the possibility of such damages. User’s sole and exclusive remedy for any dispute with the company and its affiliates, the website(s), or these Terms and Conditions shall be the cancellation of User’s subscription to the website(s).
   
   Some states and jurisdictions do not allow the exclusion or limitations of liability for consequential or incidental damages, and as such, the above limitations may not apply to every User.
   
   
9. Indemnification: By using the website(s), User explicitly implies that User has read these Terms and Conditions, User agrees to hold harmless, indemnify, and defend the website(s), The Company, its Managers, Members, employees, agents, assigns, heirs, and successors from and against any losses, damages, fines and expenses, including, but not limited to attorney's fees and costs, arising out of or relating to any claims that may arise out of these Terms and Conditions and User’s use of the website(s).
   
   
10. Usage Restrictions: The website(s) is not intended for and may not be used by any person under the age of eighteen (18).  Users whom reside or are domiciled in Iran, Cuba, Côte d'Ivoire/Ivory Coast, Democratic republic of the Congo, Myanmar, North Korea, Sudan, Syria, Venezuela, Zimbabwe or other contries where the United States of America has trade embargos with are strictly prohibited from using this Website..
    
    
11. Miscellaneous
1. Entire Agreement. These Terms and Conditions constitute the entire agreement between User, The Company, and the website(s) in connection with the terms and conditions of use governing User’s use of the website(s), superseding any and all prior agreements with respect to these Terms and Conditions and the use of the website(s). User also may be subject to additional terms and conditions that may apply when User uses or subscribes to the website(s) and its offered services including, but not limited to the website's privacy policy ("Privacy Policy") as it governs the privacy rights of User. Please read the Privacy Policy in its entirety as it sets forth the terms and conditions under which User’s privacy rights in connection with User’s use of this website and its available services are governed.
   
   
2. Choice of Law and Forum. These Terms and Conditions and the relationship between User, The Company, and the website(s) shall be governed by the laws of the State of California without regard to its conflict of law provisions. By using the Website, user agrees that any action to be brought against the Company shall be brought in the Los Angeles Superior Court, and waives any and all venue and jurisdictional objections to the contrary.
    
3. Email Communications. Users as well as Healthcare Providers are welcome to email comments or questions to info@AskUSDoctors.com. You hereby acknowledge and agree that any and all communications emailed or otherwise delivered to any AskUSDoctors.com emails are not confidential and privileged.
   
   
4. Beta Testing. In order to enable the website(s) to improve its contents and better serve the needs of its Users, it is recommended that all Users participate in an optional survey provided to them during the website's beta-testing period ("Beta Testing Period"). Any and all suggestions and comments delivered by Users to the website during the Beta Testing Period shall become the sole and exclusive property of The Company. The Company, in its sole and absolute discretion, shall have the right to use any suggestions and comments it receives from Users during the Beta Testing Period in order to implement any changes it deems appropriate.
   
   
5. Other Costs. All Users and Healthcare Providers hereby acknowledge and agree that they shall individually be responsible for any and all costs and expenses associated with their on-line connection to the website(s) including, but not limited to electric bills, telephone bills (if applicable) and any and all other fees and expenses (including connection fees and monthly internet fees) charged by an internet service provider.
   
   
6. Third Party Links. As further discussed in Paragraph 5 of the Privacy Policy, any and all third party links found on the website(s) are intended to be presented as a matter of accommodation only. The Company and the website(s) shall not be responsible for the privacy policy(ies) and/or practices found on other websites that are not affiliated with The Company.
    
7. Waiver and Severability of Terms. The failure of The Company or website(s) to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any such provision is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions shall remain in full force and effect.

YOU FURTHER AGREE THAT YOUR USE OF THE WEBSITE AND ITS AFFILIATED SERVICES ACKNOWLEDGES THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS, AND HAVE ELECTED TO BE BOUND BY SUCH TERMS.

 

Wishing You Great Health,

 

Ask US Doctors, LLC

Office:                  818.464.4646

Fax:                  206.350.3315

URL:                  AskUSDoctors.com

URL:                   2ndMed.com

Email:                  Info@AskUSDoctors.com

Mail:                  16311 Ventura Boulevard

                  Suite 1065

                  Encino, CA 91436