TERMS OF USE

March 10, 2014

Notice for customers nationwide – you are entering into an agreement with MyDietDoc.com.

  • Use of the App and Website. MyDietDoc.com., A Washington Corporation  (“we”, “us”, or “our”), all doing business as MyDietDoc.com, operate a MyDietDoc.com website. Through the Website we offer online telehealth service (the “Service”) that, when clinically appropriate, lets men and women nationwide get care from our doctors. If you request to use the Service and our doctors consider it appropriate, we will give you a medication and send it to a licensed USA/ FDA approved facility to fulfill on your behalf.  By completing a doctor telehealth consult, you agree to be bound by these Terms of Use, the Consent to Telehealth, and the Privacy Policy that appear on Website.  If you do not wish to be bound by these Terms of Use, you may not use our services or request for services.
  • 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.
  • Ownership. The Website and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned or used under license by MyDietDoc.com and are protected by United States and international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website except as generally and ordinarily permitted through the Website according to these Terms of Use.  You must not access or use for any commercial purposes any part of the Website.
  • 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.
  • Right to modify. We may at our sole discretion change, add, or delete portions of these Terms of Use at any time on a going-forward basis. Continued use of the Website following notice of any such changes will indicate your acknowledgment of such changes and agreement to be bound by the revised Terms of Use, inclusive of such changes.
  • 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.
  • Indemnification. You agree to indemnify, defend, and hold harmless MyDietDoc.com, 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 of Use.
  • 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.
  • Miscellaneous.

These Terms of Use and your use of the App or Website shall be governed by the laws of the State of California, without giving effect to the principles of conflict of laws.  Any dispute arising under or relating in any way to these Terms of Use will be resolved exclusively by final and binding arbitration in north San Diego, California under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security.  The parties agree to the personal and subject matter jurisdiction and venue of the courts located in San Diego, California, for any action related to these Terms of Use.

Informed Consent of Services Performed by DocTalkGo
Telemedicine involves the use of electronic communications to enable healthcare providers at different locations to share individual patient medical information for the purpose of improving patient care. Providers may include primary care practitioners, specialists, and/or subspecialists. The information may be used for diagnosis, therapy, follow-up and/or education, and may include any of the following:
  • Patient medical records
  • Medical images
  • Live two-way audio or video
  • Output data from medical devices and sound and video files
    Electronic systems used will incorporate network and software
    security protocols to protect the confidentiality of patient
    identification and imaging data and will include measures to
    safeguard the data and to ensure its integrity against intentional or
    unintentional corruption.
Responsibility for patient care should remain with the patient’s local clinician, if you have one, as does the patient’s medical record.
Expected Benefits:
  • 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.
Possible Risks:
As with any medical procedure, there are potential risks associated with the use of telemedicine. These risks include, but may not be limited to:
  • In rare cases, the consultant may determine that the transmitted
    information is of inadequate quality, thus necessitating a face-
    to-face meeting with the patient, or at least a rescheduled video
    consult.
  • Delays in medical evaluation and treatment could occur due to
    deficiencies or failures of the equipment.
  • In very rare instances, security protocols could fail, causing a
    breach of privacy of personal medical information.
  • In rare cases, a lack of access to complete medical records may
    result in adverse drug interactions or allergic reactions or other
    judgment errors.
By checking the box associated with “Informed Consent”, You acknowledge that you understand and agree with the following:
  1. 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.
  2. 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.
  3. 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.
  4. I understand that telemedicine may involve electronic communication of my personal medical information to other
    medical practitioners who may be located in other areas, including out of state.
  5. 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.
  6. 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 any
    time.

You understand that by checking the “I Agree” box for these Terms of Use, the Consent to Telehealth and Privacy Policy, when they are presented to you on the  Website you are agreeing to these Terms of Use and the Consent to Telehealth and Privacy Policy and that such action constitutes a legal signature.  No waiver by MyDietDoc.com of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of MyDietDoc.com to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

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.

 

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