This Terms and Conditions of Service statement is a binding agreement between you and those individuals included in your account whom will be using this Site (collectively, “You”, “Your” or “End User”), and ACTIV DOCTOR CONSULT, LLC (“ADC”), the owner and administrator of http://www.activdoctorsonline.com (the “Site”). ADC shall provide second medical opinion services, medical records assistance and medical records digitization and storage, as defined herein, to the end user. These terms and conditions, as well as any additional terms, conditions and covenants referenced in this Agreement (collectively, these “Terms”, “Terms and Conditions” or this “Agreement”), govern the use of and access to the Site and any of the services offered on the Site.
REVIEW THESE TERMS AND CONDITIONS IN THEIR ENTIRETY BEFORE ACCESSING, USING OR BUYING ANY SERVICE THROUGH THE SITE.
IMPORTANT: ADC IS NOT A HEALTH INSURANCE COMPANY AND IS NOT LICENSED TO SELL HEALTH INSURANCE.
ACCEPTANCE OF TERMS AND CONDITIONS.
CHANGES AND MODIFICATION TO THESE TERMS AND CONDITIONS
USING THE SERVICE AND SUBMITTING A SUBSCRIPTION
Subscription Services. br>You have elected to utilize the Site as a paid subscriber. ADC offers certain services for sale (collectively, the “Services”) on the Site. ADC reserves the right to modify the prices or other Terms charged for these Services, or to add or remove any Service from the Site, at any time without prior notice to you. Price changes shall not apply to services purchased prior to the price change.
SUBSCRIPTION AND CANCELLATION FEES
User shall pay to ADC the annual subscription fees described in this ADC Site for the particular Service(s) you wish to purchase. The compensation payable to ADC shall be due upon registration, and shall be non-refundable to you. Notwithstanding the foregoing, you shall have the right to cancel the subscription subject to certain cancellation fee charges (see below).
The initial term of these Terms and Conditions shall be one (1) year commencing from the Effective Date (the “Term”). The Effective Date is the date on which you subscribe to the Service. Beyond the initial Term, your subscription may be renewed for successive one (1) year periods.
ADC encourages the use of its Services through an initial thirty (30) day FREE trial period. Free trials are only available to first-time subscribers of ADC individual monthly plans and cannot be combined with any other offer. Only one free trial subscription is permitted per User.
Upon registering for a free trial, your billing address and credit card information will be required. However, no charges will be made against your credit card unless you do not cancel prior to the end of the thirty (30) day free trial period.
The free trial subscription entitles you, during the free trial period, to the same Services provided to paid subscribers.
ADC will begin billing your credit card for the subscription package offered at the end of the free trial period unless you cancel prior to the end of your free trial. If you cancel your subscription after the 30 day free trail, you will be charged a subscription fee of $29.99.
SUBSCRIPTIONS AND MEMBERSHIPS ARE SUBJECT TO CANCELLATION PENALTIES AND ARE NON-TRANSFERABLE/NON-CHANGEABLE. IN THE EVENT THAT YOUR SUBSCRIPTION MEMBERSHIP IS OBTAINED THROUGH A CORPORATE SPONSORED OR PRE-PAID PLAN, THIS CANCELLATION POLICY SHALL NOT APPLY. If you wish to cancel a subscription, it must be done by sending an email to email@example.com. You will be asked to agree to this cancellation policy prior to proceeding with the subscription of the membership.
If you cancel the subscription for any other plans during his enrollment, the subscription fee shall be non-refundable.
The cancellation of the membership prior to the expiration of your one (1) year membership will result in a one (1) time cancellation fee of twenty-nine dollars and ninety-nine cents ($29.99) on your credit card.
Upon cancellation of the membership, your account will no longer be accessible.
For all ADC memberships in which an online “Second Medical Opinion” (SMO), as defined below, has been performed by ADC; if you cancel prior to the end of your membership, you shall be responsible for the payment of the full cost of the SMO service, a total of $995.00.
ADC may terminate this Agreement (i) if you commit a material breach of these Terms and Conditions and fail to remedy that breach within thirty (30) days of receipt of a written notice of such material breach, or (ii) if you fail to pay an invoice when due.
You may terminate this Agreement (with no penalty) if ADC commits a material breach of this Agreement and fails to remedy that breach within thirty (30) days of receipt of written notice of material breach.
ADC makes available to each end user and their attending physicians medical opinion services to assist you and your physician to better understand and assess your medical condition. ADC arranges for you to receive a Second Medical Opinion (“SMO”), as defined below, from one or more contracted physicians (the “Physicians”) licensed to practice medicine in the state, territory, or foreign country of residence of the end user.
SECOND MEDICAL OPINION SERVICES
ADC makes available to its end Users and their attending physicians medical opinion services to assist the end User and their physician to better understand and assess medical conditions. ADC arranges for you to receive a Second Medical Opinion (“SMO”) from one or more physicians under contract with ADC (“Physicians”). The term “Second Medical Opinion”, “SMO” shall mean (i) an independent review by a Physician (or team of Physicians) of your personal health records ( “PHR”) provided by you to ADC, including without limitation, laboratory tests and x-rays; (ii) the providing of information, if any, to you or your designee with any diagnosis or treatment.; and (iii) the expression of a written statement by the Physician as to whether the Physician agrees with the diagnosis assigned, and the course and plan of treatment provided or to be provided, to you. Unless the state, territory or foreign country permits otherwise, you understand and acknowledge that the Physicians furnishing the SMO services hereunder shall, at a minimum, be licensed to practice medicine in your respective state, territory or foreign country of residence. ADC abides by all state regulations in offering these Services. However, if you do not reside in a state that permits an electronic SMO, ADC may not be able to process the User’s SMO request.
You agree to provide to ADC true and complete copies of your medical records (“Records”) to receive SMO Services and any other additional medical information and/or documents in your possession or control that may be necessary in the diagnosis and treatment of any medical condition.
ADC assumes no responsibility for (i) following up or ensuring that you take any action set forth in the recommendation(s) contained in any SMO, (ii) recommending any health care professionals, or (iii) otherwise responding to the information included in your SMO.
ADC shall arrange for the delivery of the SMO Report to the you within at least forty-eight (48) hours from the date ADC determines the Records are sufficiently complete to enable it to begin a review, or within at least five (5) days in the event the Physician requires additional information.
MEDICAL RECORDS ASSISTANCE
ADC offers a service of Medical Records Assistance. ADC will gather your records from the your current or previous physician(s), scan related paper records, copies of documents, records, images, and information, review paper or electronic records in order to detect specific problems which the User may have overlooked, and electronically upload the your records to the appropriate sections of the ADC PHR. You are entitled to one free Medical Records Assistance request for one (1) Physician but will be charged a fee of $25.00 per additional Physician request.
You agree to (1) complete ADC’s required Authorization for Release of Protected Health Information form. (2) By signing ADC’s Authorization for Release of Protected Health Information form, you authorize ADC to receive your Medical Records for the purpose of digitizing, sorting and uploading. (3) You acknowledge that additional fees may be required by your Physician(s) and/or third party health administrators.
By signing and submitting the Authorization for Release of Protected Health Information form, you agree to give ADC’s Medical Records Administrator or Medical Director access to your account to upload and store the medical records received on your behalf.
MEDICAL RECORDS DIGITALIZATION AND STORAGE
By registering to use the ADC Site, you will create a personal profile account and may have access to the posting feature. By posting any comments or other material on the ADC Site (each, a “Posting”), you give ADC the irrevocable right to reproduce, distribute, publish, display, edit, modify, create derivative works from, and otherwise use your posting for any purpose, in any form, and on any media without consideration. By submitting communications or content to the public areas, you agree that such posting is non-confidential for all purposes. You also agree that:
You will maintain the security of all your identification, password and other confidential information relating to the use of your account.
You will not copy, modify, or display or download ADC’s name, trademarks, or logo or any text, copyrighted works, graphic images, or other proprietary content from the Site.
You will not upload or transmit any communications or content of any type that infringes upon or violates the rights of any party.
You will not redeliver any of the pages, text, images, or other content of ADC Site using “linking,” “deep linking,” or “framing” technology.
You will not create a link from a website to any page of the ADC Site unless you or the operator of the other website has executed ADC’s then-standard agreement for the granting of permission to establish such a link.
You will not include any ADC mark, the name of any of ADC personnel, or any variation of any of the foregoing as a Meta tag, hidden textual element, or any other indicator that may create a false or misleading impression of affiliation, sponsorship, or endorsement between any user and/or website and ADC.
You will not use devices (including software) that are designed to provide repeated automated access to the ADC Site other than those made generally available by ADC, or probe, scan, or test the vulnerability of any system or network related in any way to this Site.
You will not use the ADC Site or its Services for any purpose in violation of local, state, federal or international laws.
You will not use the ADC Site or its Services as a means to distribute advertising or other unsolicited material to any third party.
You will not post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by ADC in ADC sole discretion.
You will not impersonate another person or create any false account information or health record for any other person.
You will not post advertisements or solicitations of business.
You will not post chain letters or pyramid schemes.
You will not allow any other person or entity to use User identification for posting or viewing comments.
You will not post the same note more than once or post “spam” or use the ADC Site to create any nuisance.
You will not hold ADC or any of ADC affiliates, successors, assigns or licensees, together with any of their respective officers, directors and employees, liable for damages including (but not limited to) loss of wages, revenue or business because of any services related to or provided by this Site.
You will not submit any media that contains your personally identifiable information (such as User’s name, phone number, email address or website URL) or that of anyone else except as otherwise requested by ADC as otherwise permitted in accordance with this Agreement.
You will not upload any media on the ADC Site without the express written permission from the owner of such media content.
You will not upload media of any kind that contain expressions of hate, abuse, offensive images, obscenity, pornography, sexually explicit content or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions.
You will not upload any media that contains software viruses or any other computer code, files or programs designated to interrupt, destroy or limit the functionality of any computer software or this Site.
You agree to comply with all your responsibilities and obligations as stated in these Terms and Conditions.
ADC reserves the right, but is not obligated to: remove communications that are abusive, illegal or disruptive, or that otherwise fail to conform to these Terms and Conditions; terminate your access to the Site or any feature on the Site upon any breach of these Terms and Conditions; and edit or delete any communications posted on the Site, regardless of whether such communications violate these standards. By uploading any media to a public area of the Site, including, but not limited to, a photo or video, (a) you grant ADC a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media in any format now existing or created in the future; (b) you certify that any person featured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes ADC to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media in any format now existing or created in the future; and (c) you agree that you will indemnify ADC against any damages, losses, liabilities, judgments, costs or expenses (including actual attorneys’ fees and costs) arising out of a claim by a third party relating to any media you have posted. While ADC welcomes your feedback on the Site, ADC must make the final decisions about the content that is posted on the Site to make sure it conforms to ADC objectives and to the objectives ADC identifies for ADC Users. If you are dissatisfied with the Site, your only remedy is to stop using the Site. ADC follows a standard set of editorial procedures for information that ADC publishes on the Site. When deciding to take advice on the Site and/or hire any professional based on information on the Site, you should perform independent research as to the accuracy of the credentials expressed in the content, provided in the professional’s public profile, or existing as part of any other material found on the Site or the Services.
USER ACCOUNT, PASSWORD, AND SECURITY
You must establish a user name and password upon completing the registration process. You are responsible for maintaining the confidentiality of the Access Code and are fully responsible for all activities that occur under your Access Code. You are responsible for taking all reasonable steps to ensure that no unauthorized person(s) shall have access to your Access Code. It is your sole responsibility to control the dissemination of your Access Code, to authorize, monitor, and control access to and use of your Records, Account, and Access Code, and to promptly inform ADC of any need to deactivate or reset an Access Code.
You agree to immediately notify ADC of any unauthorized use of your Access Code, password, or account information or any other breach of security; and, (b) ensure that you exit from your account at the end of each session. ADC shall not be liable for any loss or damage arising from your failure to comply with these Terms and Conditions.
You agree that you are solely responsible for anything you post on the Site and that you will defend, indemnify, and hold ADC, its officers, directors, affiliates, employees, agents, licensors, and suppliers harmless from and against any claims, actions, demands, liabilities, and settlements including, without limitation, actual legal and accounting fees resulting from, or alleged to result from, your violation of these Terms and Conditions or any claims based upon your Postings on the Site or your use of the Services.
You acknowledge and agree that the SMO Report contains only our Physician’s conclusions and information regarding the diagnosis and treatment or proposed diagnosis and treatment, and that reasonable minds may differ on such diagnoses and treatment or proposed diagnoses and treatment. In addition, you acknowledge and agree that the Physicians are independent contractors of ADC, and that, as a result, ADC has no control over, input into, or responsibility for, the matters contained in the SMO Report. You further acknowledge and agree that the SMO Report states a mere professional opinion and that you and your attending/treating physician are free to disregard the SMO Report in their sole and absolute discretion.
You acknowledge and agree that the provision of any Services to you, pursuant to your subscription, does not create a physician-patient relationship between the respective Physician(s) and you. Accordingly, on your own behalf and on behalf of your heirs, executors and personal representatives, hereby releases and discharges ADC, all parent, subsidiary and/or affiliated companies, as well as its and their successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees, and the Physicians, (all of whom are referred to throughout this Agreement as “ADC Releases”), of and from all claims in tort, demands in tort, tort causes of action, tort damages, tort losses, and expenses in tort, as a result of any alleged malpractice or alleged professional liability claim(s) arising out of or related to this Agreement. In addition, you hereby agree that neither you, nor your heirs, executors and personal representatives, will file any tort action, or assign to others the right to file any tort action, or make any claims in tort, as a result of any alleged malpractice or alleged professional liability against ADC arising out of or related to this Agreement. The foregoing shall not be deemed or construed to prevent you from making any claim against ADC for breach of contract for the failure of ADC to perform its obligations under these Terms and Conditions.
The headings to the sections in this Agreement shall not affect the construction or interpretation of this Agreement.
You agree that these Terms and Conditions and all incorporated agreements between ADC and you, may be assigned by ADC, in its sole discretion.
WAIVER AND SEVERABILITY OF TERMS
The failure of ADC to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any of the provisions of this Agreement are held to be unenforceable by a court or other tribunal of competent jurisdiction, then such provisions (deemed unenforceable) shall be limited or eliminated to the minimum extent necessary and this Agreement shall otherwise remain in full force and effect.
NO RIGHT OF SURVIVORSHIP AND NON-TRANSFERABILITY
You agree that your ADC account is non-transferable by you and any rights to your Access Code or contents within yours account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
You acknowledge and agree that the Site and any necessary software used in connection with the Site (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Title to the Site and the Software remains with ADC or the respective owner, and all rights not expressly granted herein are reserved to ADC. You further acknowledge and agree that any content contained in sponsor advertisements or information presented to you through the Site is protected by copyrights, trademarks, service marks, patents or other intellectual property rights and laws and that all computer systems, procedures, and databases created, operated, maintained or accessed by ADC in connection with the Site contain proprietary and confidential information of substantial economic value to ADC. This information includes operations, systems, products, business relationships, marketing approaches, software, hardware, codes, trade secrets, information technology, information systems, plans and projections, as well as concepts and ideas. Any unauthorized use, misuse, or disclosure of such information is strictly prohibited and may result in civil liabilities and criminal penalties under applicable law.
Except as expressly authorized by ADC or advertisers, as applicable, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part. You may download and reprint a single copy of the materials from the Site and/or the Services for you own personal, noncommercial use. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Site. You agree not to access the Site nor shall you otherwise create or attempt to obtain the source code of the Software.
FOR INTERNATIONAL USERS
ADC makes no claim that the content on this Site may be viewed legally outside of the United States of America. Access to the Site may not be legal in certain countries. If you accesses this Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or imported into the country from which you are accessing the Site.
USER AND ADC
Electronic acceptance via the Site, facsimile signatures, and electronic signatures will have the same legal effect as original signatures and are binding on the parties. Upon acceptance, you have agreed to be bound by all of the terms and conditions of this Agreement. Your relationship with ADC is one of independent parties to a contractual relationship and should not be construed to create a joint venture, partnership, or other affiliation.
ADC collects personal information that you choose to share with ADC when you register with the Site. This information may include your e-mail address, your health interests and your answers to questions about your health status. ADC uses this information to tailor ADC’s Services to you and this information is saved to ADC’s database, enabling you to use the personalized features of the Site on a recurring basis. This saved information is collected only with your permission and may be updated or deleted by you at any time. If you choose to not provide the information required for registration, you may not register with the Site and you will not be able to personalize the Site.
The ADC website is hosted by third parties independent of ADC. Those persons are solely responsible for their performance, conduct, actions and omissions. Furthermore, some of the material on the ADC site is provided by third parties independent of ADC and ADC shall not be held responsible for any such third-party material. ADC disclaims any responsibility for or liability related to such third party material. Any question, complaints or claims related to any product should be directed to the appropriate third party.
ADC reserves the right to make changes, modifications and alterations to the ADC Site and the content without notification to you. As a registered user, you accept the obligation to periodically review these Terms and Conditions for changes or modifications. Continued use of ADC Services shall be deemed acceptance of these Terms and Conditions as modified and you agree to be bound by any such changes.
APPLICABLE LAW / DISPUTES
By using ADC Services, you agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute that might arise between User and ADC, its Physicians, staff or other affiliates. You expressly agree that exclusive jurisdiction for any dispute with ADC, its affiliates, employees, subsidiaries, contractors, officers and directors, resides in the courts of Miami-Dade County, Florida and also agree to and expressly consent to the exercise of personal jurisdiction in the courts of Miami-Dade County, Florida in connection with any claim involving ADC, its affiliates, employees and subsidiaries.
COPYRIGHT AND TRADEMARKS
All content included on the ADC Site, including, but not limited to, text, photographs, graphics, button icons, images, artwork, names, logos, trademarks, service marks and data (“the Content”), in any form including the compilation thereof, are protected by U.S. and international copyright law and conventions. The Content includes both Content owned or controlled by ADC and Content owned or controlled by third parties and licensed to ADC. Except as set forth below, direct or indirect reproduction of the Content, in whole or in part, by any means, is prohibited without the express written consent of ADC.
DISCLAIMERS AND LIMITATIONS
By using ADC Services, you agree to abide by these Terms and Conditions and those additional terms and conditions posted on the ADC website from time to time: You agree that the following disclaimers form an essential part of the Terms and Conditions.
You agree that ADC’s liability pursuant to these Terms and Conditions shall not under any circumstances, and regardless of whether the liability arises out of contract or tort, exceed the amount of the most recent subscription fee you have paid to ADC.
The service provided by ADC through the review of User’s Records is different from the diagnostic services typically provided by a physician during a face-to-face visit. Providing this service will not have the benefit of information that could be obtained by examining you in person and observing your physical condition. ADC encourages you to share the SMO with your attending physician. You should always consult with your physician or other appropriate health care professionals before making any changes in diet, physical activity and/or drug therapy.
By requesting a SMO Service, You acknowledge and agree that:
The SMO received will be limited to the attending physician’s review of your personal health records;
The SMO is not intended to replace a full medical evaluation or face-to-face visit with a physician;
The Physician may not have important information that is usually obtained through a physical examination;
You will communicate with your physician after receiving the SMO;
The absence of physical examination may affect the Physician’s ability to give a complete opinion on User’s condition, disease or injury.
SMO Services are for medical purposes only and not for use in any related litigation or malpractice matters. We suggest that you contact an attorney and/or related medical professional in your state, territory, or country of residence for further assistance in such matter.
Nothing contained in the ADC Site is or should be considered, or used as a substitute for, diagnosis or treatment, nor prescription.
This Site may contain health or medically related materials that are sexually explicit. If you find these materials offensive, you may not want to use the Site. The Services provided on this Site are here to educate consumers on health care and medical issues that may affect their daily lives. This Site and its Services are not intended to be used to:
Treat a medical emergency or acute medical condition;
Provide a final diagnosis or initiate a treatment plan;
Resolve medical issues.
By engaging ADC’s Services, you acknowledge and agree to assume the risk of these limitations.
You further understand that no warranty or guarantee has been made to you concerning any particular result or cure of any condition.
ADC makes no warranty or guarantee that the ADC website will be uninterrupted, timely, and secure or error free.
ADC also does not warrant or guarantee that medical records hosted on ADC website will be free of infections or viruses, worms, Trojan horses or other code that contain contaminating or destructive properties.
You agree that ADC does not constitute a service that targets any one community, user group, business or industry.
You assume total responsibility and risk for the use of the information provided by ADC. The advice is provided on an “as is” and “as available” basis. Neither ADC nor any of its officers, members, employees, agents, contractors or Physician makes any express or implied warranties, representations or endorsements whatsoever with regard to any information or service provided through the ADC website or through the internet generally; and under no circumstances will ADC or any of its officers, members, employees, agents, contractors or Physicians be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in any way from the use of or the inability to use the services or any parts thereof, or the reliance on or use of information, or services provided, or that result from mistakes, omissions, interruptions, deletion or any failure or performance. Neither ADC nor its affiliates warrants that the services will be uninterrupted or error-free or that any information, software or other material accessible on this site is free of viruses of other harmful components.
WARRANTIES AND LIMITATION OF LIABILITY
Certain links in the Site may link you to other sites. The linked sites are not under the control of ADC and ADC is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. ADC is not responsible for webcasting or any other form of transmission received from any linked site. ADC is providing these links to the you only as a convenience, and the inclusion of any link does not imply a referral by ADC, an endorsement of or sponsorship by ADC, or affiliation by ADC with, the linked site, its services, and its owner, operator, sponsoring organization or internet provider. This Site may contain advertisements by third parties and the Site may receive royalties from such advertisers.
ADC is not liable to you or any third party for any decision made or action taken by you or anyone else based on information contained on the site or provided through the services, or due to reliance upon information contained on the site or provided through the services.
To the fullest extent permitted by law, any claims arising in connection with your use of the site and any of its content must be brought within one (1) year of the date the event giving rise to such action occurred.
MONITORING OF SITE
ADC reserves the right to monitor any and all use of this Site. ADC is under no obligation to do so and assumes no responsibility or liability arising from ADC doing so or omission to do so. ADC may monitor your use of this Site to evaluate the quality of service you receive, your compliance with these Terms and Conditions, the security of this Site, or for other lawful reasons. You agree that you will not be entitled to any cause of action or other right with respect to ADC concerning such monitoring activities.
If you have any questions or concerns, you may contact ADC Customer Service department as indicated below. ADC will attempt to respond to your questions or concerns promptly.
ACTIV DOCTORS CONSULT, LLC.
235 SW 42nd Avenue, Suite 300,
Coral Gables, FL 33134