March 10, 2014
Notice for customers nationwide – you are entering into an agreement with MyDietDoc.com.
- Website Content. Other than the personalized doctor consult received, or the personalized nutritional advice we give you during a consult, you should not consider content on the Website to be medical advice.
- Trademarks. Certain names, logos, and other materials displayed on the Website may constitute trademarks, trade names, service marks or logos (“Marks“) of MyDietDoc.com or other entities. You are not authorized to use any such Marks without the express written permission of MyDietDoc.com. Ownership of all such Marks and the goodwill associated therewith remains with us.
- DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. WE PROVIDE THE WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. DIET DOC 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.
- LIMITATION OF LIABILITY. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL DIET DOC 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.
- Geographical Restrictions. You may only use the Website from a device located in the states in which we operate. MyDietDoc.com makes no representation that the Website is appropriate or available for use in locations outside the states in which we operate.
- Patient medical records
- Medical images
- Live two-way audio or video
Output data from medical devices and sound and video filesElectronic systems used will incorporate network and softwaresecurity protocols to protect the confidentiality of patientidentification and imaging data and will include measures tosafeguard the data and to ensure its integrity against intentional orunintentional corruption.
- Improved access to medical care by enabling a patient to remain in his/her local healthcare site (i.e. home) while the physician consults and obtains test results at distant/other sites.
- More efficient medical evaluation and management.
- Obtaining expertise of a specialist.
In rare cases, the consultant may determine that the transmittedinformation is of inadequate quality, thus necessitating a face-to-face meeting with the patient, or at least a rescheduled videoconsult.
Delays in medical evaluation and treatment could occur due todeficiencies or failures of the equipment.
In very rare instances, security protocols could fail, causing abreach of privacy of personal medical information.
In rare cases, a lack of access to complete medical records mayresult in adverse drug interactions or allergic reactions or otherjudgment errors.
- I understand that the laws that protect the privacy and the confidentiality of medical information also apply to telemedicine and that no information obtained in the use of telemedicine, which identifies me, will be disclosed to researchers or other entities without my written consent.
I understand that I have the right to withhold or withdraw my consent to the use of telemedicine in the course of my care at any time, without affecting my right to future care or treatment.
I understand the alternatives to telemedicine consultation as they have been explained to me, and in choosing to participate in a telemedicine consultation, I understand that some parts of the exam involving physical tests may be conducted by individuals at my location, or at a testing facility, at the direction of the consulting healthcare provider.
I understand that telemedicine may involve electronic communication of my personal medical information to othermedical practitioners who may be located in other areas, including out of state.
I understand that I may expect the anticipated benefits from the use of telemedicine in my care, but that no results can be guaranteed or assured.
I understand that my healthcare information may be shared with other individuals for scheduling and billing purposes. Others may also be present during the consultation other than my healthcare provider and consulting healthcare provider in order to operate the video equipment. The above-mentioned people will all maintain the confidentiality of the information obtained. I further understand that I will be informed of their presence in the consultation and thus will have the right to request the following: (1) omit specific details of my medical history/physical examination that is personally sensitive to me; (2) ask non-medical personnel to leave the telemedicine examination room; and/or (3) terminate the consultation at anytime.
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 or Website 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 must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Web site, currently located at https://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 Director, MyDietDietDoc.com – 1785 S. Escondido Blvd. Ste A, Escondido, CA 92025, USA.