Terms of Use
Medical & Nutrition Counseling Corporation / CounselMD
Terms of Use
Draft: December 22, 2020
Effective Date: December 25, 2020
These Terms of Use (“Terms”) govern your use of the Medical & Nutrition Counseling Corp DBA CounselMD (“CMD,” “we,” “us,” or “our”) website and any other website or online service that CounselMD operates and that links to these Terms (collectively, the “Services”). These Terms and Conditions ("Terms and Conditions") form a legal agreement between CMD and you, the individual ("you" and "your") concerning your access to and use of the various services offered through the Websites and the Platforms (as defined below). Use of any of the Websites or Platforms constitutes your acceptance of these Terms and Conditions and the Web and Mobile Privacy Policy.
Please review these Terms carefully before using the Services. We may change these Terms or modify any features of the Services at any time. The most current version of the Terms can be viewed by clicking on the “Terms of Use” link posted through the Website Footer. You wholly agree and accept the Terms by using the Services, and you accept any changes to the Terms by continuing to use the Services after we post the changes.
I. Non-discrimination - We comply with all applicable state and federal laws. CMD does not exclude people or discriminate based on gender, sex, age, race, color, national origin, creed, religion, disability, pregnancy, sexual orientation, gender identity or expression, genetic information, marital status, military status, veteran status, or any other characteristic or status protected by state, federal, or local law.
II. Privacy
By using the Services, you consent to our processing your information consistent with our Privacy Policy https://www.counselmd.com/privacypolicy
III. Important Information about Your Use of the Services
Do not use the services for emergency medical needs. If you experience a medical emergency, call 9-1-1 immediately.
CMD does not provide any physicians’ or other healthcare providers’ (collectively, “Providers”) services itself. All of the Providers are independent of CMD and merely using the Services to communicate with you. Any information or advice received from a Provider comes from the Provider, and not from CMD. Your interactions with the Providers via the Services are not intended to take the place of your relationship(s) with your regular health care doctors or other midlevel or other practitioner(s).
Neither CounselMD nor any of its licensors or suppliers or any third parties who promote the Services or provide you with a link to the Services shall be liable for any professional Advice you obtain from a Provider via the Service nor for any information obtained from our Services. You acknowledge your reliance on any Providers or information provided by the Services is solely at your own risk and you assume full responsibility for all risk associated therewith.
CMD does not make any representations or warranties about the training or skill of any Providers/Clinicians using the Services.
You hereby certify that you are physically located in the State you have entered as your current location on the Services. You acknowledge that your ability to access and use the Services is conditioned upon the truthfulness of this certification and that the Services you access through the website are relying upon this certification in order to interact with you. In the event that your certification is inaccurate, you agree to indemnify CounselMD and the Providers/Doctors/Clinicians you interact with from any resulting damages, costs, or claims.
IV. Enrolling in your Account
To access Providers using the Services, you must first establish an individual user account (“Account”) by providing certain information. You agree that you will not create more than one Account, or create an Account for anyone other than yourself. Creating an account may be done by simply submitting the forms for various services. You agree to provide true, accurate, current, and complete information on the Account enrollment form/other forms and to keep this information current and updated as needed.
You represent and warrant that you are at least 18 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 agree to these Terms of Use.
You agree that the health record documents you provide are truthful and they are your own records obtained by yourself from your other healthcare providers that are legally obtained. You agree that you will not provide any records in any electronic form that do not belong to you. In the event that your submission of documents is inaccurate, you agree to indemnify CounselMD and the Providers you interact with from any resulting damages, costs, or claims.
End User Agreement
Effective date: December 23, 2020
By Using our services, you unequivocally agree to our Terms of Service and Privacy Policy.
Additionally, you agree:
• You assume full responsibility of the information provided by you. You assure that you have provided information legally as the owner of the information or an authorized representative if providing for someone else.
• CounselMD will be held harmless in any case where the information provided is illegally obtained/shared or provided with intention to harm our services (as defined by Terms of Use).
• You understand that CounselMD is not a service for diagnoses, treatment, change of treatment, or procedures. CounselMD and services provided on its platform do not replace or intend to replace your primary care physician and other subspecialists you visit as part of your medical care. Over-simplified material in the report(s) are for educational purposes only to help facilitate understanding of complex scientific knowledge. It should *not* be applied in any other way or form to other contexts.
• This report created by the CounselMD team is solely for you and may be shared only on a need-to-know basis with your physician or family member. It is not to be shared on social media sites or other public platforms/forums.
• Science is ever-changing. Medical science is subject to a very wide variety of knowledge and rapid changes which sometimes result in conflicting opinions and literature. While we do our best to bring you information from reputable peer-reviewed sources, this information may sometimes be incorrect or have changed due to the ever-evolving science of medicine. We are held harmless against any liability in such scenarios.
V. Prohibited Conduct
You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, and without limitation, you may not:
• transmit any message or information under a false name or otherwise misrepresent your affiliation or the origin of materials you transmit;
• provide information on the enrollment form that is untrue, inaccurate, not current, or incomplete;
• transmit any message or information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening, or hateful;
• transmit any message or information that infringes or violates the intellectual property, privacy, or publicity rights of others;
• reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate content received through the Services to anyone without prior express permission;
• engage in unauthorized spidering, “scraping,” or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
• take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
• use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
• attempt to modify, translate, decipher, decompile, disassemble, reverse-engineer, or create derivative works of any of the software comprising or in any way making up a part of the Services; or
• engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.
Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms. We may suspend or terminate your access to the Services for any or no reason at any time without notice.
VI. Payment Authorization
By providing a credit card or other payment method accepted by CMD (“Payment Method”), you are expressly agreeing that we are authorized to charge to the Payment Method any fees for your use of the Services, together with any applicable taxes. Please note that any information entered regarding your insurance provider is for documentation purposes only and CMD will not bill your health insurance plan.
You agree that authorizations to charge your Payment Method remains in effect until you cancel it in writing, and you agree to notify CMD of any changes to your Payment Method. You certify that you are an authorized user of the Payment Method and will not dispute charges for the Services that correspond to consultation/counseling fees. You acknowledge that the origination of ACH transactions to your account must comply with applicable provisions of U.S. law. In the case of an ACH transaction rejected for insufficient funds, CMD may at its discretion attempt to process the charge again at any time within 30 days.
You acknowledge and agree that fees for consultations may increase at any time.
VII. Intellectual Property Rights
The Services are protected under the copyright laws of the United States and other countries. All copyrights in the Services are owned by us or our third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws. You may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Services without our written consent.
All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of the Services, whether or not appearing in large print or with the trademark symbol, belong exclusively to CMD or its licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as authorized herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of CMD, its affiliates, or any third party.
VIII. Password Security
You are solely responsible for the security of your username and password, and for any use of the Services using your username and password. You should not share your username or password with any third party or allow any third party to access the Services using your username and password. You agree to notify us if you have any reason to believe that your username or password has been lost, compromised, or misused in any way. We reserve the right to revoke or deactivate your username and password at any time.
IX. Website and Third-Party Content
The content on the Services should not be considered medical advice. You should always talk to an appropriately qualified physician (MD/DO/other internationally equivalent degree) for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. NONE OF THE CONTENT ON THE SERVICES REPRESENTS OR WARRANTS THAT ANY PARTICULAR MEDICATION OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. CMD does not recommend or endorse any specific tests, providers, medications, products, or procedures.
The Services may provide links to third-party content. You acknowledge and agree that we are not responsible for the availability of such third-party content, and we do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such content. Use of any linked third-party content is at the user’s own risk.
X. Consent to Services
The Service respects and upholds patient confidentiality with respect to protected health information as outlined by the Health Insurance Portability and Accountability Act (“HIPAA”), and, subject to HIPAA regulations, will obtain express patient consent prior to sharing any patient-identifiable information to a third party for purposes other than treatment, payment or health care operations. In addition, by clicking the “AGREE” button you are authorizing Providers to release your contact information to CMD solely in order for CMD to provide you with information about additional clinical services or general wellness. You may opt out of receiving such information by contacting us at support@counselmd.com.
XI. Consent for Services/Counseling Performed
CounselMD is not an insurance provider nor are we a prescription fulfillment warehouse. CounselMD 's role is limited to benefits listed below and to attempt to provide expert medical services. CounselMD is independent from healthcare providers who will be providing such educational/counseling services to you through the Services and is not responsible for such healthcare providers' acts, omissions or for any content of the communications made by them. CMD does not engage in the practice of medicine or provide any other health services.
We are providing this information on behalf of our Doctors/Clinicians/Providers:
Telecounseling/Telemedicine involves the use of software to enable health care providers at sites remote from patients to provide consultative services. Providers may include primary care physicians, specialists, and/or subspecialists. The information may be used for education, recommendations, follow-up and/or reconciliation (e.g., medical records, data from medical devices). You understand and agree that our services are offered for the benefits listed below and not for the purpose for diagnosis, treatment, change of therapy, or any other actions that result in actual alteration of your current health diagnoses and treatments.
The communications systems used will incorporate reasonable security protocols to protect the confidentiality of patient information and will include reasonable measures to safeguard the data and to ensure its integrity against intentional or unintentional corruption. At the end of each submission, the patient will be provided submission confirmation and the note from the provider, which may be kept for the patient’s records and may be shared with the patient’s local primary care or other provider, as appropriate.
Anticipated Benefits of Provider Services:
• Improved access to higher quality medical counseling/care by enabling a patient to remain at his or her home or office while consulting a clinician.
• More efficient medical counseling and integration of your providers outside of CMD
• Empowerment of the patient into their own health status
• Identification of any potential harmful therapies or limitations
Possible Risks of Telecounseling Medical Service:
As with any medical service, there are potential risks associated with the use of technology. Provider believes that the likelihood of these risks materializing is very low. These risks may include, without limitation, the following:
• Delays in medical consultation or recommendation may occur due to deficiencies or failures of the equipment/softwares/technological issues.
• Security protocols could fail, causing a breach of privacy of personal medical information.
• Lack of access to complete medical records may result in recommendations that are not medically accurate or other negative outcomes.
By accepting these Terms, you acknowledge that you understand and agree with the following:
1. I understand that the laws that protect privacy and the confidentiality of medical information also apply to telemedicine; I have received the HIPAA Notice which explains these issues in greater detail.
2. I understand that telecounseling may involve electronic communication of my personal medical information to medical practitioners who may be located in other areas, including out of state.
3. I understand that I may expect the anticipated benefits from the use of these services in my care, but that no results can be guaranteed or assured.
4. I understand that my healthcare information may be shared with others (including health care providers) for medical counseling, payment, and healthcare operations purposes.
5. I further understand that my healthcare information may be shared in the following circumstances:
1. When a valid court order is issued for medical records.
2. Reporting suspected abuse, neglect, or domestic violence.
3. Preventing or reducing a serious threat to anyone’s health or safety.
Patient Consent to the Use of Telecounseling
I have read and understand the information provided above, and understand the risks and benefits of telecounseling, and by accepting these Terms I hereby give my informed consent to participate in a telemedicine visit under the terms described herein.
XII. Disclaimer of Warranties; Limitation of Liability
Your use of the Services is at your own risk. The Services are provided “as is” without warranties of any kind, either express or implied, including without limitation warranties of title, merchantability, fitness for a particular purpose, non-infringement, or other violation of rights. We do not warrant the adequacy, currency, accuracy, likely results, or completeness of the Services or any third-party sites linked to or from the Services, or that the functions provided will be uninterrupted, virus-free, or error-free. We expressly disclaim any liability for any errors or omissions in the content included in the Services or any third-party sites linked to or from the Services. some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
In no event will we, or our parents, subsidiaries, affiliates, licensors, suppliers and their directors, officers, affiliates, subcontractors, employees, agents, and assigns be liable for any direct or indirect, special, incidental, consequential or punitive damages, lost profits, or other damages whatsoever arising in connection with the use of the Services, any interruption in availability of the Services, delay in operation or transmission, computer virus, loss of data, or use, misuse, reliance, review, manipulation, or other utilization in any manner whatsoever of the Services or the data collected through the Services, even if one or more of them has been advised of the possibility of such damages or loss. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, CounselMD’s LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree that your sole remedy for Any claim arising out of or connected with the Services will be to cease using the Services.
You acknowledge and agree that CounselMD is not engaged in the practice of medicine and that CounselMD is not determining appropriate medical use of the services. CounselMD, its licensors, suppliers, and all third parties who promote the services or provide you with a link to the services expressly disclaim any and all liability resulting from the delivery of healthcare via the service, including but not limited to liability for medical malpractice.
XIII. Indemnification
You agree to indemnify, defend and hold us and our parents, subsidiaries, affiliates, licensors, suppliers, and their directors, officers, affiliates, subcontractors, employees, agents, and assigns harmless from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to or associated with your use of the Services and any alleged violation by you of these Terms. We reserve the right to assume the exclusive defense of any claim for which We are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as we reasonably request.
IN NO EVENT SHALL CounseMD BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF PROFITS, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WEBSITES OR PLATFORMS OR THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY SUCH PRODUCTS, GOODS, OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
XIV. Choice of Law and Forum
The Services are mainly intended for use by residents of the United States. We do not intentionally provide access to the Services to individuals located outside the United States. You agree that your access to and use of the Services will be governed by and will be construed in accordance with the laws of the State of Georgia without regard to principles of conflicts of laws. You agree that any claim or dispute against us arising out of or relating to the Services must be resolved by a federal district court located in Atlanta, Georgia, unless agreed upon by all parties.
XV. Miscellaneous
These Terms constitute the entire agreement between you and us, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Services.
Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violations. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use.
No endorsements
Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name or otherwise does not constitute or imply the endorsement or recommendation of such by CounselMD. Any views expressed by third parties on the Websites and Platforms are solely the views of such third party and CounselMD assumes no responsibility for the accuracy or veracity of any statement made by such third party.
Children
The Websites and Platforms are not intended for children under the age of 13. If you are under 13 years of age, please do not use or access the Websites or Platforms at any time or in any manner. By using the Websites or Platforms, you affirm that you are over the age of 13. CounselMD does not seek through the Websites or Platforms to gather personal information from or about persons under the age of 13 without the consent of a parent or guardian.
LEGAL NOTICES
If you see a provider while you are located in California, please be advised that medical doctors are licensed and regulated by the Medical Board of California (800-633-2322; www.mbc.ca.gov).
Contact: support@counselmd.com