Effective: June 19, 2021
THE PLATFORM AND ALL SERVICES BY TREATING PROVIDERS VIA THE PLATFORM ARE NOT A SUBSTITUTE FOR OTHER MEDICAL CARE YOU MAY NEED.
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY,
CALL 911 OR SEEK EMERGENCY MEDICAL HELP.
Health Care Services. Each of the Treating Providers who deliver Services through SkyMD® is an independent health care professional solely responsible for all Services he or she provides to you. SkyMD® does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by Treating Providers, each of whom is responsible for his or her Services and for compliance with the requirements applicable to his or her profession and license. Neither SkyMD® nor any third parties who promote the Platform or provide you with a link to the Platform shall be liable for any professional advice or Services you obtain from a Treating Provider via the Platform. USE THE PLATFORM AND ENGAGE IN SERVICES BY TREATING PROVIDERS AT YOUR OWN RISK.
Site Content. None of the Site content (other than information you receive from Treating Providers) should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you.
A. Telehealth is the delivery of medical and healthcare services virtually, where the patient and the health care professional are not in the same physical location. During your telehealth consultation with a Treating Provider, details of your medical or health history and personal health information will be collected from you.
B. THE MEDICAL CARE YOU RECEIVE FROM YOUR TREATING PROVIDER THROUGH SKYMD IS NOT A SUBSTITUTE FOR OTHER MEDICAL TREATMENT YOU MAY NEED. You should seek emergency help or follow-up care when recommended by a Treating Provider or when otherwise needed, and continue to consult with your primary care physician and other health care professionals as recommended. Your Treating Provider may make arrangements for follow up care either through SkyMD®, a health systems partner, or other health care providers. Among the benefits of our Platform are improved access to health care professionals and convenience. However, as with any medical or health service, there are potential risks associated with the use of telehealth. These risks include, but may not be limited to:
· In rare cases, information transmitted may be insufficient or incomplete (for example, poor resolution of images) to allow for appropriate medical or health care decisionmaking by the Treating Provider;
· Delays in evaluation or treatment could occur due to failures of the electronic equipment, systems, and technology; and
· Although the electronic equipment, systems, and technology we use incorporates network and software security protocols to protect the privacy and security of health information, in rare instances, such privacy and security protocols could fail, causing a breach of privacy of personal health information.
· You understand that you may expect the anticipated benefits from the use of telehealth in your care, but that no results can be guaranteed or assured.
· You understand that the laws that protect the privacy and security of protected health information apply to telehealth, and you have received SkyMD®’s Notice of Privacy Practices, which describes these protections in more detail.
· If your health insurance coverage does not include or is not sufficient to satisfy in full the charges for Services via the Platform, you may be fully or partially responsible for payment of any balance of charges.
· Your Treating Provider, in his or her sole discretion, may determine that telehealth services are not appropriate for some or all of your treatment needs, and accordingly may elect not to provide Services to you through the Platform.
· You will select a preferred Treating Provider through this Platform. You understand and agree that your preferred Treating Provider may, in cases when he or she is not available, designate another Treating Provider in his or her practice to provide your evaluation and/or follow-up treatment during such period of unavailability.
When you register on the Site, you are required to create an account (“Account”) by entering your name, email address, password and certain other information collected by SkyMD® (collectively “Account Information”). To create an Account, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use the Platform. You agree that the Account Information that you provide to us at all times, including during registration and in any information you upload to the Site will be true, accurate, current, and complete. You may not transfer or share your Account password with anyone, or create more than one Account (with the exception of subaccounts established for children of whom you are the parent or legal guardian). You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. SkyMD® reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Site and your Account Information. In no event and under no circumstances shall SkyMD® be held liable to you for any liabilities or damages resulting from or arising out of your use of the Site, your use of the Account Information or your release of the Account Information to a third party. You may not use anyone else’s account at any time.
Use of the Site and the Platform by Minors
Use of the Site and the Platform by Healthcare Providers
Healthcare Providers may wish to use the Site and the Platform for consultation purposes. If you are a Healthcare Provider and are using the Site and the Platform for consultation purposes, you agree that you have obtained all appropriate consents from your patients and all appropriate authorizations if your patient is a minor or is not capable of giving consent.
Use of the Site and the Platform by Caregivers
You may wish to authorize your Caregiver to use this Site and the Platform on your behalf. If you choose to do so, you agree to indicate on the Patient Telemedicine Consent Form that your Caregiver is authorized to act on your behalf.
Use of the Site and the Platform by Telepresenters
Some states may require you to be accompanied by a Telepresenter in order for a Treating Provider to render the Services or for purposes of coverage or reimbursement for the Service or may require you to be physically located at a healthcare facility. If you are located in a state with a Telepresenter requirement, you agree to include the name of the Telepresenter and, if required, the professional qualifications of the Telepresenter (e.g. RN, LPN). If you are required to be located in a health care facility, you will so indicate on the log in screen.
Fees and Purchase Terms
You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing SkyMD® with your credit card number and associated payment information, you agree that SkyMD® is authorized to immediately invoice your account for all fees and charges due and payable to SkyMD® hereunder and that no additional notice or consent is required. If your health plan, employer or agency has arranged with SkyMD® to pay the fee or any portion of the fee, or if the fee is pursuant to some other arrangement with SkyMD®, that fee adjustment will be reflected in the fee that you are ultimately charged. Please check with your employer, health plan or agency to determine if any Services will be reimbursed. If you do not have insurance coverage for Services, or if your coverage is denied, you acknowledge and agree that you shall be personally responsible for all incurred expenses.
WE 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 OPERATORS.
Ownership of Content and Trademarks
Certain of the names, logos, and other materials displayed on the Site or in the Platform may constitute trademarks, trade names, service marks or logos (“Marks”) of SkyMD® or other entities. You are not authorized to use any such Marks without the express written permission of SkyMD®. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
You may deactivate your Account and end your registration at any time, for any reason by sending an email to email@example.com. SkyMD® may suspend or terminate your use of the Site, access to the Platform, Account, and/or registration for any reason at any time. Subject to applicable law, SkyMD® reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Site pursuant to its internal record retention and/or content destruction policies. After such termination, SkyMD® will have no further obligation to provide you access to the Platform, except to the extent we are obligated to provide you access to your health records or Treating Providers are required to provide you with continuing care under their applicable legal, ethical and professional obligations to you.
Right to modify
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND THE PLATFORM IS AT YOUR SOLE RISK. BOTH THE SITE AND THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SKYMD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION.
You acknowledge and agree that SkyMD® does not provide medical advice, diagnosis, or treatment, and is strictly an online technology platform and infrastructure for connecting patients with independent third-party Treating Providers, including physicians and other Treating Providers in the SkyMD® 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, advice, instructions, treatment decisions, and other professional health care services performed, and that all diagnoses, treatments, procedures, and 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.
LIMITATION OF LIABILITY
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL SKYMD OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE PLATFORM, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
You agree to indemnify, defend and hold SkyMD®, its officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers, harmless from and against any claim, actions, demands, liabilities and settlements, including without limitation reasonable legal and accounting fees (“Claims”), resulting from, or alleged to result from, your violation of these terms and conditions. In addition, you agree to indemnify, defend and hold harmless your Treating Provider(s) from and against any third party Claims resulting from your lack of adherence with the advice or recommendation(s) of such Treating Provider.
SkyMD® makes no representation that all products, services and/or material described on the Site, or the Platform available through the Site, are appropriate or available for use in locations outside the United States or all territories within the United States.
SkyMD® devotes considerable effort to optimizing signal strength and diagnosis deficiencies but is not responsible for the internet or data bandwidth and signal of your mobile device.