Agreement to the following terms and conditions concerning remote medical consultations via telephone and/or secure web-based video, when available ("Remote Consultations") to which USA Doc On Call and it's doctor provider network provides access.
* Remote Consultations. Prior to accessing a Remote Consultation, you represent and warrant that you are at least eighteen years of age and possess the legal right and ability, on behalf of yourself or a minor child of whom you are a parent or legal guardian, to (i) agree to these Terms and Conditions of Use, (ii) register for the Remote Consultations under your own name; and (iii) use such services in accordance with these Terms and Conditions of Use and abide by the obligations hereunder.
* You agree to fully, accurately and truthfully create your USA Doc On Call personal account, including, but not limited to, your name, address, telephone number, date of birth, e-mail address, gender, and other pertinent data. You agree to prohibit anyone else from using your USA Doc On Call personal account and credentials and you agree to immediately notify USA Doc On Call of any actual or suspected unauthorized use of your USA Doc On Call personal account or credentials or other security concerns of which you become aware.
* You agree that you are entering into an agreement with USA Doc On Call which shall be a provider of professional medical services to you.
* You are entering into a physician – patient relationship with the physician associated with the Professional Entity that personally performs the Remote Consultation with you.
* USA Doc On Call is the provider of certain administrative services to the Professional Entity and does not provide professional medical services itself.
* You agree to USA Doc On Call's Privacy Notice, the terms of which are incorporated herein by reference.
* You agree to provide accurate, current and complete information about yourself for your USA Doc On Call personal account, and to periodically review and to update such information as needed to keep it accurate, current and complete.
* It is your responsibility to confirm any third party information for yourself, or information regarding a minor child of whom you are a parent or legal guardian, in your USA Doc On Call personal account.
* To permit you to access Remote Consultations on behalf of a minor child of whom you are a parent or legal guardian, you must establish a subaccount under your name. Any such subaccount is subject to these Terms and Conditions of Use and the Privacy Notice.
* You agree to the entry of your medical records into the Professional Entity's computer database and understand that reasonable measures have been taken to safeguard your medical information, in accordance with federal HIPAA standards, as amended to date, but no computer or phone system is totally secure. The Professional Entity recognizes your privacy and, in accordance with USA Doc On Call's Privacy Notice, will not release information to anyone without your written authorization or as required or permitted by law.
* You understand and agree Remote Consultations involve the communication of your medical information, both orally and visually, to physicians and other health care practitioners located in other parts of the state/jurisdiction or outside of the state/jurisdiction.
* Consequently, you understand that you have all the following rights with respect to Remote Consultations:
1 Free Choice. You have the right to withhold or withdraw your consent to live Remote Consultations at any time without affecting your right to future care or treatment.
2 Access to Information. You have the right to inspect all medical information transmitted during a Remote Consultation, and may receive copies of this information.
3 Confidentiality. You understand that the laws that protect the confidentiality of medical information apply to Remote Consultations, and that no information or images from such interaction which identify you will be disclosed to other entities without your consent.
4 Risks. You understand that there are risks from Remote Consultations, including the following:
1) loss of records from failure of electronic equipment,
2) power failures with loss of communication, and
3) invasion of electronic records by outsiders (hackers).
Finally, you understand that it is impossible to list every possible risk.
5 Benefits. You understand that you can expect the following benefits from Remote Consultations but which results cannot be guaranteed or assured:
* Reduced visit time
* Rapid innovation of treatments
* Focused information
6 Follow-up. In the event that the diagnosis and treatment by the physician associated with the Professional Entity does not resolve the medical issue for which you sought a live Remote Consultation, you agree to consult with your primary care physician in person for follow-up treatment and/or seek treatment, if necessary, at a local hospital emergency department.
7 Consequences. You understand that, by having your consent to Remote Consultations, the physician associated with the Professional Entity may communicate medical information concerning you to physicians and other health care practitioners located in other parts of the state/jurisdiction or outside the state/jurisdiction.
8 MEDICAL EMERGENCY. IF YOU HAVE, OR ARE HAVING, A MEDICAL EMERGENCY, YOU SHOULD CONTACT YOUR PHYSICIAN OR LOCAL EMERGENCY NOTIFICATION SYSTEM, OR GO TO YOUR LOCAL EMERGENCY ROOM.
* Adverse Technical Events. All information is transmitted over a medium which is beyond our control and jurisdiction. Accordingly, USA Doc On Call assumes no responsibility for, or relating to, delay, failure, interruption or corruption of any data or other information transmitted in connection with use of this Website or sites accessed through this site.
* Limitation Of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL USA Doc On Call BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE WEBSITE OR ENGAGING IN A REMOTE CONSULTATION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. USA Doc On Call IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE USE OF THIS WEBSITE AND/OR ANY MATERIAL LINKED THROUGH THE WEBSITE.
* Indemnification. You agree to indemnify and hold harmless USA Doc On Call and its officers, directors, employees, agents, developers, vendors, affiliates, third party information providers, licensors and others involved in the development or the delivery of products, services or information over the Website, from and against any and all liabilities, expenses, damages and costs, including reasonable attorneys' fees, arising from any violation by you of these Terms and Conditions of Use or your use of the Website or any products, services or information obtained from the Website.
* USA Doc On Call services are for non-emergency conditions only, for any medical emergencies, please contact your local emergency care center.
* USA Doc On Call services are not a replacement for a Primary Care Physician and are not considered insurance.
* All consultations are subject to the discretion of the consulting physician and their clinical judgment in accordance with law limitations; USA Doc On Call does not guarantee a prescription/recommend treatment.
* USA Doc On Call physicians do not prescribe/recommend narcotics or DEA controlled substances.
* By agreeing to these terms and conditions, I authorize USA Doc On Call to release my medical records to other providers for continuity of care.
* Amendment of Terms and Conditions of Use. USA Doc On Call has the right to amend these Terms and Conditions of Use at any time without notice to you by posting the revised Terms and Conditions of Use on this Website. You agree that you are bound by those changes by continuing to use the Website.