Terms & Conditions – User Agreement

Telemedicine Terms of Use in Dallas, Texas

YOU ARE NOT ALLOWED TO USE THIS WEBSITE FOR EMERGENCY MEDICAL NEEDS.  IF YOU FEEL YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.

THE PLATFORM AND/OR CONTENT OF THIS WEBSITE ARE NOT DESIGNED, INTENDED OR APPROPRIATE TO ADDRESS SERIOUS, EMERGENCY, OR LIFE-THREATENING MEDICAL CONDITIONS AND SHOULD NOT EVER BE USED IN THOSE CIRCUMSTANCES.

PLATFORM USER AGREEMENT AND TERMS OF USE

Please read this PLATFORM USER AGREEMENT AND TERMS OF USE (the “Agreement”) and indicate your acceptance by clicking the “AGREE” icon at the end of the Agreement.

Welcome to the ALLI MD services platform (the “Platform”), which is owned and operated by ALLI MD LLC, a Texas limited liability company whose mailing address is 825 Watters Creek blvd. Allen, TX 75013.

ALLI MD offers a web-based platform for interaction between health care consumers and health care providers through telemedicine. Telemedicine involves the use of electronic communications to enable health care providers at sites remote from patients to provide services. Providers may include primary care practitioners, specialists, and/or subspecialists. The information may be used for diagnosis, treatment and follow-up care.

Once it is determined that you are eligible for a telemedicine encounter with a Treating Provider, a Treating Provider will contact you by text message or email to initiate your diagnosis and treatment, as appropriate.

TERMS AND CONDITIONS OF USE

Important Information About Your Use of the Platform

DO NOT USE THIS WEBSITE FOR EMERGENCY MEDICAL NEEDS.  IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.

THE PLATFORM AND/OR CONTENT OF THIS WEBSITE ARE NOT DESIGNED, INTENDED OR APPROPRIATE TO ADDRESS SERIOUS, EMERGENCY, OR LIFE THREATENING MEDICAL CONDITIONS AND SHOULD NOT BE USED IN THOSE CIRCUMSTANCES.

We offer the Platform to enable eligible health care consumers to engage healthcare providers (the “Treating Providers”) to obtain medical and healthcare services.  You acknowledge and agree that ALLI MD does not provide medical advice, diagnosis or treatment, and is strictly a technology platform and infrastructure for connecting prospective patients with independent third party Treating Providers, including physicians and other Treating Providers in the ALLI MD network.  You acknowledge and agree that the Treating Providers using the Platform are solely responsible for and will have complete authority, responsibility, supervision and control over the provision of all medical services performed, and that all diagnoses, treatments, or other professional health care services will be provided and performed exclusively by or under the supervision of Treating Providers, in their sole discretion, as they deem appropriate.

You will have the opportunity to participate in an ALLI MD Online Patient Interview. Based on the results of the ALLI MD Online Patient Interview, you may be referred to a Treating Provider who will contact you electronically for diagnosis and treatment.  You are ultimately responsible for choosing your particular healthcare provider and/or whether to accept diagnosis and treatment from a Treating Provider.

Our Platform

ALLI MD will determine your eligibility for a telemedicine encounter with a Treating Provider. If you are eligible, ALLI MD will notify Treating Providers by text message or email, and a Treating Provider will contact you by text message or email to initiate diagnosis and treatment, if appropriate.

Representation on Texas Residency/Notice

I hereby certify that I am physically in the State of Texas, and agree to only interact with a Treating Provider while I am present in this state. I acknowledge that my ability to access and use these services is conditioned upon the truthfulness of the certifications I make at the time of accessing a Treating Provider and that any Treating Provider I interact or communicate with, by whatever means, is relying upon this certification in order to interact and communicate with me.

NOTICE FOR PATIENTS IN TEXAS: This Platform and the services made available through this website are provided by ALLIMD LLC, a Texas limited liability company doing business as ALLIMD.

Minimum Age Requirement

I hereby certify that I am at least 18 years of age and am qualified under the laws of my state to make medical decisions on my own behalf. I acknowledge that my ability to access and use the ALLIMD Platform and website content is conditioned upon the truthfulness of my certification of age.

Website Content is not Medical Advice

The content on the website should not be considered medical advice. You should always talk to an appropriately qualified health care professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. The content on this website is general in nature and not necessarily specific to you or your circumstances.  By publication of the content on this website, ALLIMD does not represent or warrant that any particular medication or treatment is safe, appropriate, or effective for you. Nor does ALLIMD recommend, prescribe or endorse any specific tests, providers, medications, products or procedures for you.

With respect to the Pharmacies, the Medical Groups and the Providers, we act solely as a technology platform to connect you with the products and services offered by the Pharmacies, Medical Groups and Providers through the Service. We do not control or interfere with the practice of medicine by the Medical Groups or any Providers, each of whom is solely responsible for the medical care and treatment he or she provides to you. ALLIMD makes no representations or warranties about the suitability, reliability, timeliness or accuracy of the medical care and treatment provided by the Medical Groups or any Providers. By accepting this Agreement, you acknowledge and agree that ALLIMD is not a healthcare provider and that by using the Service, you are not entering into a doctor-patient or other health care provider-patient relationship with ALLIMD. By using the Service, you may, however, be entering into a doctor-patient or other health care provider-patient relationship with the Medical Group and/or one or more Providers.

YOU ACKNOWLEDGE THAT YOUR RELIANCE ON ANY TREATING PROVIDER OR INFORMATION PROVIDED BY THE PLATFORM AND/OR ON THIS WEBSITE IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED WITH USE OF THE PLATFORM OR THIS WEBSITE.

Benefits and Risks of Telemedicine

Telemedicine offers convenience and improved access to health care services through patient access to health care services from their home or place of work.  This improved access to care results in more efficient and timely diagnosis and management of the patient’s condition or symptoms.  Through use of the ALLIMD Platform, a telemedicine encounter may also achieve cost savings.

There are possible risks associated with telemedicine, which include, but are not necessarily limited to, the following.  Electronic failure, network failure or failure of hardware and equipment can cause delay or cessation of evaluation or treatment.  The provision of incomplete information by the patient could affect diagnosis and treatment.  Lack of access to complete medical records could result in adverse drug interactions or other negative outcomes.  Data security measures could fail, causing a breach of privacy of protected health information.

Account Registration/Demographic Survey

To access the Platform, you must set up an individual user account (“Account”) by providing certain information via our ALLIMD Demographic Survey. You are not permitted to create an Account if you are under the age of eighteen (18). You agree that you will not create more than one Account. You acknowledge that you are obligated to update your Account each time you use the Platform, and that you are obligated to maintain your Account so that it contains information that is accurate, complete and up-to-date. Failure to maintain accurate and up-to-date information or otherwise abide by the terms and conditions of this paragraph shall constitute a breach of this Agreement, and shall be the basis for termination of this Agreement or your Account, in the sole and absolute discretion of ALLIMD.

Security/Protected Health Information and HIPAA

ALLIMD will maintain the security of your personal information and any protected health information. ALLIMD is a Business Associate of health care professionals under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), which mandates the protection of your individually identifiable information known, under the provisions of that law, as “Protected Health Information.”

The ALLIMD Platform can only be accessed by the input of usernames and passwords.  You must protect your individual username and password and hold your username and password in strict confidence.  You are not permitted to share your username or password with any third party or allow another person to use or access the Platform using your username and password. We recommend that your password contain both capitalized and un-capitalized letters as well as numerals and other characters, and we further recommend that your password be unique to the ALLIMD website.  You should change your password if you believe that your username or password has been compromised or misused in any way. The Platform allows you to re-set or change your password if the need to do so should arise. You are fully and solely responsible for any and all access and use of the Platform by means of your username and password.  ALLIMD reserves the right to revoke, block or discontinue your username and password at any time.

MD CONNECT MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE REGARIDNG THE SECURITY OF ANY TEXT MESSAGE OR EMAIL SENT TO OR FROM ANY PARTY AS PART OF ITS PLATFORM.

ALLIMD will obtain express 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” icon you are authorizing a Treating Provider to release your contact information to ALLIMD solely in order for ALLI MD to provide you with marketing materials promoting the Platform. You may opt out of receiving such marketing materials by care@allimd.com

Notice of Privacy Practices

To review the ALLIMD Notice of Privacy Practices, click here: Privacy Policy.  You must review the ALLIMD Notice of Privacy Practices to proceed with use of the Platform.

Lawful Use

You agree not to access or use the Platform in an unlawful way or for any illegal purpose or in any manner that violates this Agreement or is otherwise unacceptable to ALLIMD, in the sole and absolute discretion and judgment of ALLIMD.  You shall not attempt to disrupt the operation of the Platform by any method, including any form of cyberattack or through use of viruses, spamming, worms, time bombs, or any other form of electronic disruption or cyberattack.  You are prohibited from any unauthorized access to any user accounts or computer systems or networks.  You shall not use any scraper, robot or other means to access this website or the Platform to mine for information and data or for any purpose.

Operations

ALLIMD shall have sole and absolute control and discretion with respect to the operation of the Platform, or any aspect thereof. ALLIMD may, among other things, in its sole and absolute discretion, delete, suspend or discontinue any content, use or application of the website.  Subject to applicable law, ALLIMD reserves the right to store, delete or destroy all communications and materials posted or uploaded to the Platform pursuant to its internal record retention and/or destruction policies.

Intellectual Property

Subject to the terms of this Agreement, ALLIMD hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the software, network facilities, content and documentation on and in the Platform to the extent, and only to the extent, necessary to access and use the Platform. The use or misuse of the Platform, except as provided in this Platform User Agreement, is strictly prohibited.

Any reproduction, retransmission, redistribution, sale, use, rebroadcast, publication or other dissemination, by whatever means or manner, of the content of this website or the Platform shall constitute a violation of this Agreement and is strictly prohibited. All of the content available on or through the Service is the property of ALLIMD and is protected by copyright, trademark, trade secret and other intellectual property law.

Any reproduction, reverse engineering, disassembling, retransmission in any form or by any means (including, but not limited to, electrical, mechanical, photographic, copying, recordation or otherwise), transcription, redistribution, storage in a retrieval system, translation into a computer language or other language, or sale of the Platform or any portion thereof shall be a violation of the terms and conditions of this Agreement and is strictly prohibited.  You agree that the license granted to you herein does not permit any of the foregoing. If any term or condition of this Platform User Agreement is violated, you are prohibited from using this website or the Platform, the limited license granted herein is terminated effective immediately, and you agree that all ALLIMD materials or content in your possession must be immediately destroyed.

This website and the Platform may be used only for your personal, non-commercial use.

Website Links

ALLIMD will not be liable for any information, software, or links found at any other website, internet location, or source of information, nor for your use of such information, software or links, nor for the acts or omissions of any such websites or their respective owners or operators.

Release

YOU HEREBY RELEASE AND HOLD ALLIMD HARMLESS FROM ANY AND ALL CLAIMS, CAUSES OF ACTION, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, INCLUDING, BUT NOT LIMITED TO, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL, KNOWN AND UNKNOWN, REALIZED AND UNREALIZED, FORESEEN AND UNFORESEEN, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE WEBSITE AND/OR THE PLATFORM, WHETHER ARISING IN TORT, MAPLPRACTICE, BREACH OF CONTRACT, A THEORY OF STRICT LIABILITY, NEGLIGENCE, ON ANY THEORY OF AGENCY, OR OTHERWISE.  YOU HEREBY WAIVE THE PROVISIONS OF ANY APPLICABLE LAW LIMITING OR PROHIBITING THIS GENERAL RELEASE.

Disclaimers

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALLI MD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, OPERABILITY, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, SYSTEM INTEGRATION, FITNESS FOR A PARTICULAR USE OR PURPOSE OR NON-INFRINGEMENT.

YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE PLATFORM OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE PLATFORM CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME OR PASSWORD.   ALLI MD CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET, OR FOR YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE PLATFORM.

THIS WEBSITE, THE CONTENTS OF THIS WEBSITE, AND THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  ALLI MD DOES NOT REPRESENT OR WARRANT THAT THE OPERATIONS OR SERVICES PROVIDED BY THE WEBSITE OR THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR FREE FROM MALWARE, VIRUSES OR OTHER MALICIOUS CODE.

No Duty of Care

YOU ACKNOWLEDGE AND AGREE THAT ALLI MD IS NOT ENGAGED IN THE PRACTICE OF MEDICINE. ALLI MD DISCLAIMS ANY DUTY OF CARE. YOU EXPRESSLY AGREE THAT ALLI MD OWES YOU NO DUTY OF CARE AND THAT YOUR USE OF THE WEBSITE AND/OR THE PLATFORM AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK. ALLI MD EXPRESSLY DISCLAIMS ANY LIABILITY FOR MEDICAL MALPRACTICE OR ANY CLAIM ARISING OUT OF THE USE OF THIS WEBSITE OR THE PLATFORM, OR ANY CLAIM ARISING OUT OF ANY CARE RENDERED BY A TREATING PROVIDER AS A RESULT THEREOF. ALLI MD EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ACT OR OMISSION OF ANY TREATING PROVIDER.

Limitations on Liability

YOU ACKNOWLEDGE AND AGREE THAT ALLI MD WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE OR THE PLATFORM, AND/OR ARISING UNDER ANY LAW OR THEORY, EVEN IF ALLI MD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE.  UNDER NO CIRCUMSTANCES SHALL ALLI MD BE LIABLE IN ANY WAY FOR YOUR USE OF THE WEBSITE AND THE PLATFORM OR ANY OF ITS CONTENT.

FOR PURPOSES OF THIS AGREEMENT, ANY RELEASE, DISCLAIMER, LIMITATION ON LIABILITY, WAIVER AND/OR INDEMNIFICATION SHALL BE APPLICABLE TO QWIK MD LLC, DOING BUSINESS AS ALLI MD AND REFERRED TO HEREIN AS “ALLI MD”.

Indemnification

You acknowledge and agree that you are personally responsible for your use of any content of this website, your use of the Platform, and your behavior on this website or Platform.  You agree, as a condition of use of this website and the Platform, to indemnify, hold harmless, and defend ALLI MD and its parents, subsidiaries, affiliates, licensors, suppliers and their officers, directors, affiliates, subcontractors, agents and employees (collectively, “Indemnified Parties” and each, individually, an “Indemnified Party”) against all costs, expenses, liabilities, claims, causes of action and damages (including reasonable attorney’s fees) incurred by any Indemnified Party in connection with any third party claims arising out of your failure to comply with any applicable laws and regulations and/or your breach of any of the terms, conditions or obligations set forth in this Agreement.  You shall not settle any such claim without the written consent of the applicable Indemnified Party.    Nothing herein shall be construed to otherwise limit any other provision of this Agreement.

Termination

ALLI MD may terminate this Agreement at any time in its sole and absolute discretion.  ALLI MD may block, discontinue or prevent your access to the Platform or this website (either by disabling your username and password or by any other means) at any time in its sole and absolute discretion, for any reason or for no reason.  ALLI MD shall have no obligation at any time to do any of the foregoing.

Informed Consent for Telemedicine Services Performed by a Treating Provider

By accepting these Terms of Use, you acknowledge that you understand and agree as follows: that your encounter with a Treating Provider will not involve an in-person visit; that certain conditions, symptoms and/or histories are not conducive to diagnosis and treatment via telemedicine; that you have received the ALLI MD health care provider Notice of Privacy Practices; that telemedicine may involve electronic communication of your personal medical information to Treating Providers; that ALLI MD does not make any representation or warranties with respect to the training or ability of any Treating Provider who provides services through the Platform; that unpredictable factors, including, but not limited to, failure of the internet, telecommunications service, hardware or equipment failure and/or force majeure could impact the accessibility of the Platform or interrupt a health care encounter; that no results can be guaranteed or assured; that under HIPAA your healthcare information may be shared with other individuals for treatment, payment and healthcare operations purposes; that ALLI MD has disclaimed any and all liability in connection with your use of the website and/or the Platform; that ALLI MD has disclaimed any and all liability in connection with any services provided by any Treating Provider; that you have released ALLI MD from any such liability; and that your healthcare information may be shared in other circumstances permitted or mandated by applicable law, such as, by way of example only and without limitation,  when a valid court order is issued for medical records, for reporting suspected abuse or domestic violence, or for preventing or mitigating a serious threat to anyone’s health or safety.

Patient Consent to the Use of Telemedicine

I have read and understand the information provided above, and understand the risks and benefits of telemedicine, and by accepting and entering into this Platform User Agreement and Terms of Use, I hereby give my informed consent to participate in a telemedicine visit under the terms described herein.

I understand that an online medical visit can be a great option for minor medical issues and not ideal for severe or life-threatening illnesses. I understand that treatment offered on ALLIMD.COM is on the basis of clinical judgment, in the absence of a complete physical examination. I agree to follow up with a doctor for in-person evaluation or seek emergency care if my symptoms worsen or do not improve in a timely manner

Safety Requirements for an Online Consultation

You must not share your ALLI MD account (friends and family must create their own account). Do not request a prescription for a friend or family (they must go through the online consultation process). You must be willing to show an ID at your pharmacy. At certain times, we may request a picture of your ID

Payment Authorization

By accepting these terms of use, you are authorizing ALLIMD to charge your credit card for applicable charges for whatever services I am requesting.  This amount will cover the costs of your telemedicine health care encounter including diagnosis, as applicable, with a Treating Provider.  This amount will not cover any costs that may be attributable to treatment, including, but not limited to, costs of any over-the-counter medications, prescription drugs or medicines, follow-up treatment, or any other treatment or treatment modality

I understand that this authorization to bill my credit card will remain in effect until I cancel it in writing, and I agree to notify ALLI MD in writing of any changes in my credit card account information.   I certify that I am an authorized user of this credit card/bank account and will not dispute these scheduled transactions with my bank or credit card company.

Miscellaneous/Choice of Law

This Agreement shall be governed by the laws of the State of Texas without regard to its rules on conflicts or choice of law.  You agree that any dispute arising under or relating in any way to this Platform User Agreement and Terms of Use shall be resolved exclusively by final and binding arbitration in Dallas, TX under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary or preliminary specific performance and injunctive relief in any court of competent jurisdiction situated in the County of Dallas and State of Texas.  This Agreement constitutes the sole Agreement between you and ALLI MD relating to the subject matter hereof, and no representations, statements or inducements, oral or written, not otherwise contained in this Agreement shall be binding upon either you or ALLI MD.  Should any part or portion of this Agreement be held invalid, illegal, unenforceable or void, the remainder of this Agreement shall remain in full force and effect.   No waiver by ALLI MD of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.  You may not assign, transfer or delegate your rights or obligations hereunder, in whole or in part.  This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, administrators, executors, representatives, successors, and permitted assigns. The headings in this Agreement are intended solely for the convenience of reference and shall be given no effect in the construction or interpretation of this Agreement.

A printed version of this Agreement and of any related notice given in electronic form shall be admissible in arbitration, judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Electronic Contracting/Consent to Notices/Informed Consent

You assent to the terms of this Agreement by clicking the “AGREE” icon. You understand that by clicking the “AGREE” icon for this Platform User Agreement and Terms of Use and/or any other forms presented to you on this website you are agreeing to be bound by this Platform User Agreement and Terms of Use and that such action constitutes your legal signature.  You agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the services (collectively, “Notices”).  We can either send you electronic Notices to the e-mail address that you provided to us during registration, or by posting the Notice on the Platform or otherwise through our website. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery.  You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the website and the Platform.

By clicking the “AGREE” icon you acknowledge that you are consenting to receiving care via the Platform. The scope of care will be at the sole discretion of the Treating Provider who is treating you, with no guarantee of diagnosis, treatment, or prescription. The Treating Provider will determine whether or not the condition being diagnosed and/or treated is appropriate for a telemedicine encounter via the Platform.

To use this website and the Platform you must agree to be bound by all of the terms and conditions of this Agreement.  IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT CLICK THE “AGREE” ICON AND DO NOT USE THE PLATFORM.

You should print a copy of this Agreement for your records.  ALLI MD reserves the exclusive right to change or modify this Agreement and/or any of its terms and conditions from time to time, in ALLI MD’s sole and absolute discretion.  It is your responsibility to review this Agreement each time you use the Platform.

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