TERMS AND CONDITIONS OF USE
USE OF THE APP
Boston Medical Group Telemedicine (“Boston Medical Group Telemedicine,” “we “, “us“, or “our “), owns and operates www.bostonmedicalgroup.com (“Website,” and collectively with any affiliated mobile application (“App”), the (“Site”). The Site is intended to facilitate the provision of the Service to registered users. The “Service” includes (i) providing individuals with information on health care and wellness (“Content”); (ii) development and gathering of health care records and health care information with retention of the same for use in health care provider appointments and communications; (iii) administrative support in connection with scheduling and payment for health care provider services; and (iv) telecommunications support for using the Service as a means of direct access to healthcare providers provided by Boston Medical Group Telemedicine and similar affiliated professional entities for communication, consultations, assessments, and treatment by such health care providers.
IF YOU HAVE A MEDICAL EMERGENCY,
IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911
THE SERVICE MIGHT NOT BE APPROPRIATE
FOR ALL MEDICAL CONDITIONS OR CONCERNS
THIS SERVICE ENABLES COORDINATION
AND COMMUNICATION WITH A HEALTH CARE PROVIDER.
IT DOES NOT REPLACE YOUR RELATIONSHIP WITH ANY PHYSICIAN.
Our Service is currently only available to individuals located in
while utilizing the Service (“States Where We Operate“). Healthcare providers providing Services through the Site are licensed to practice in the states in which they treat patients.
SPECIAL CONSENT TO ONLINE HEALTH SERVICES
Online Health Services involves the delivery of healthcare services using electronic communications, information technology, or other means between a health care provider and a patient who are not in the same physical location. Online Health Services may be used for diagnosis, treatment, follow-up and/or patient education, and may include, but is not limited to:
- Electronic transmission of medical records, photo images, personal health information, or other data between a patient and health care provider;
- Interactions between a patient and health care provider via audio, video, and/or data communications; and
- Use of output data from medical devices, sound, and video files.
The electronic systems used in the Boston Medical Group Telemedicine Service will incorporate network and software security protocols to protect the privacy and security of health information and imaging data, and will include measures to safeguard the data to ensure its integrity against intentional or unintentional corruption.
YOUR RELATIONSHIP WITH Boston Medical Group Telemedicine
Boston Medical Group Telemedicine provides a platform for you to consult with a health care provider affiliated with Boston Medical Group Telemedicine or similar affiliated professional entity and obtain access to additional information, which you may or may not choose to utilize in planning your health care and wellness. The health and wellness resources made available through our Service are not a substitute for direct in-person health care services in all cases. The decision to focus on diagnosis, treatment recommendations, or both rests with you and the health care provider. You understand that by coordinating and in certain cases consulting with Boston Medical Group Telemedicine or affiliate health care provider through the Service, you are not entering into a provider-patient relationship with Boston Medical Group Telemedicine.
In some cases, Boston Medical Group Telemedicine or affiliated health care provider may use the Service to provide advice or treatment to you. A healthcare provider consulting with you through the Service may not have the benefit of information that would be obtained by examining you in person and observing your physical condition, in each instance. Therefore, the health care provider may not be aware of facts or information that would affect his or her opinion of your diagnosis. To reduce the risk to you of this limitation, Boston Medical Group Telemedicine strongly encourages you to provide all relevant information and discuss all diagnosis and treatment options with a health care provider. Moreover, a health care provider utilizing Boston Medical Group Telemedicine may be limited by state law in prescribing certain medications to you without first conducting an in-person physical examination. By deciding to engage the Services, you acknowledge and agree that you are aware of these limitations and agree to assume the risk of these limitations. Furthermore, you agree and accept that: (i) the diagnosis you will receive is limited and, in some cases, provisional; (ii) the health care services are not intended, in all cases, to replace a full medical evaluation or an in-person visit with a health care provider; (iii) a health care provider acting through the Service may not have important information that is usually obtained through a “hands-on” physical examination; and (iv) the absence of a physical examination may affect the health care provider’s ability to diagnose your condition, disease or injury.
Other than the personalized content we send you through an in-App message, you should not consider Content on the Site to be medical advice.
REGISTRATION AND USER ACCOUNTS
You agree to keep in confidence your username and password and to exit from your Secure User account at the end of each session. You are responsible for maintaining the confidentiality of your password and for all activities that occur under your account. You are responsible for changing your password promptly if you think it has been compromised. You may not transfer or share your password with anyone, or create more than one account. Creating more than one account substantially limits our ability to provide appropriate care. Boston Medical Group Telemedicine explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section. You may not use anyone else’s account at any time.
‘JAILBREAKING’ THE MOBILE OPERATING SYSTEM
ACCESS RIGHTS AND PROHIBITED USE
OWNERSHIP OF INFORMATION SUBMITTED VIA THE SITE
Such information may be used for any purpose, including, without limitation, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. Boston Medical Group Telemedicine shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Boston Medical Group Telemedicine via the Service or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products using such information.
OWNERSHIP OF SITE CONTENT
Certain names, logos, and other materials displayed on the App may constitute trademarks, trade names, service marks or logos (“Marks “) of Boston Medical Group Telemedicine or other entities. You are not authorized to use any such Marks without the express written permission of Boston Medical Group Telemedicine. Ownership of all such Marks and the goodwill associated therewith remains with us.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK. WE PROVIDE THE APP ON AN “AS IS” AND “AS AVAILABLE” BASIS. Boston Medical Group Telemedicine 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, NONINFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, AND SYSTEM INTEGRATION.
LIMITATION OF LIABILITY
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL Boston Medical Group Telemedicine 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 OF THE APP, 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 may only use the App from a mobile phone located in the States Where We Operate. Boston Medical Group Telemedicine makes no representation that the App is appropriate or available for use in locations outside the States Where We Operate.
PACKAGING AND FULFILLMENT RESTRICTIONS
By using the BMG-Online Pharmacy (i.e., third party pharmacies with whom we partner), you acknowledge that your medication, if approved, will not be shipped in child-resistant packaging and that you must keep it out of the reach of children.
GOVERNING LAW; VENUE; SEVERABILITY OF PROVISIONS
NO AGENCY RELATIONSHIP
DIGITAL MILLENNIUM COPYRIGHT ACT
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the App infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter notice. Notices and counter-notices the Internet infringes their rights under U.S. copyright law. One place to find more information is the U.S. Copyright Office Website, currently located at http://www.loc.gov/copyright. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to Boston Medical Group Telemedicine at 3152 Red Hill Ave, Ste. #280, Costa Mesa, CA 92626