2. Healthcare Services. All of the Treating Providers who deliver Services through My Virtual Doctor are independent professionals solely responsible for the services each provides to you. My Virtual Doctor 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 compliance with the requirements applicable to his or her profession and license. Neither My Virtual Doctor nor any third parties who promote the Services or provide you with a link to the Service shall be liable for any professional advice you obtain from a Treating Provider via the Services.
3. 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.
4. Informed Consent.
A. Telehealth is the delivery of health care services using interactive audio and video technology, 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 health history and personal health information may be discussed with you through the use of interactive video, audio and other telecommunications technology, and your Treating Provider may perform a physical examination through these technologies.
B. The telehealth Services you receive from Treating Providers are not intended to replace a primary care physician relationship or be your permanent medical home. You may form an ongoing treatment relationship with some Treating Providers. However, your initial visit with a Treating Provider will begin as a consultation (e.g. to determine the most appropriate treatment setting for you to receive care) and will not necessarily give rise to an ongoing treatment relationship. 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 healthcare professionals as recommended. We may make arrangements for follow up care either through My Virtual Doctor or other healthcare providers. You will have direct access to customer support services to follow up on medication reactions, side effects or other adverse events. Among the benefits of our Services are improved access to healthcare professionals and convenience. However, as with any health service, there are potential risks associated with the use of telehealth. These risks include, but may not be limited to:
D. With respect to psychotherapy, if you and your Treating Provider decide to engage in group or couples therapy (collectively “Group Therapy”), you understand that information discussed in Group Therapy is for therapeutic purposes and is not intended for use in any legal proceedings involving Group Therapy participants. You agree not to subpoena the Treating Provider to testify for or against other Group Therapy participants or provide records in court actions against other Group Therapy participants. You understand that anything any Group Therapy participant tells the Treating Provider individually, whether on the phone or otherwise, may at the therapist’s discretion be shared with the other Group Therapy participants. You agree to share responsibility with the Treating Provider for the therapy process, including goal setting and termination.
E.. You can send messages to your Treating Provider by contacting My Virtual Doctor Customer Support at 1-855-80-DOCTOR. Emails or electronic messages to Customer Support or your Treating Provider may not be returned immediately. If you are experiencing a medical emergency, you should call 911 or go to the nearest emergency room.
F.. You may also be able to send written notes to therapists or other Treating Providers or to Customer Support using a secure messaging portal within the Site (the “Messaging Portal”). Messages you send over the Messaging Portal may be viewed by more than one Treating Provider or Customer Support agent and will typically be answered within 48 hours. You should not rely on the Messaging Portal if you need immediate attention from a Treating Provider or other health care professional. If you are experiencing a medical emergency, you should call 911 or go to the nearest emergency room. You understand and agree that messaging with Treating Providers over the Messaging Portal does not give rise to a provider-patient relationship, and does not by itself constitute treatment, diagnosis, therapy, or medical advice.
6.. User Accounts. 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 My Virtual Doctor (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 our Services. 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. My Virtual Doctor 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 My Virtual Doctor 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.
9.. 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 My Virtual Doctor with your credit card number and associated payment information, you agree that My Virtual Doctor is authorized to immediately invoice your account for all fees and charges due and payable to My Virtual Doctor hereunder and that no additional notice or consent is required. If your health plan, employer or agency has arranged with My Virtual Doctor to pay the fee or any portion of the fee, or if the fee is pursuant to some other arrangement with My Virtual Doctor, 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.
10.. Website Links. 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.
12.. Trademarks. Certain of the names, logos, and other materials displayed on the Site or in the Services may constitute trademarks, trade names, service marks or logos ("Marks") of My Virtual Doctor or other entities. You are not authorized to use any such Marks without the express written permission of My Virtual Doctor. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
13.. Termination. You may deactivate your Account and end your registration at any time, for any reason by sending an email to email@example.com . My Virtual Doctor may suspend or terminate your use of the Site, your Account and/or registration for any reason at any time. Subject to applicable law, My Virtual Doctor 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, My Virtual Doctor will have no further obligation to provide the Services, 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.
15.. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SITE OR SERVICES IS AT YOUR SOLE RISK. BOTH THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MY VIRTUAL DOCTOR 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 My Virtual Doctor does not provide medical advice, diagnosis, or treatment, and is strictly a technology platform and infrastructure for connecting patients with independent third party Treating Providers, including physicians and other Treating Providers in the My Virtual Doctor network. You acknowledges and agree that the Treating Providers using the Site 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.
16.. LIMITATION OF LIABILITY. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL MY VIRTUAL DOCTOR 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 SERVICES, 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.
17.. Indemnification. You agree to indemnify, defend and hold harmless My Virtual Doctor, 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.
18.. Geographical Restrictions. My Virtual Doctor makes no representation that all products, services and/or material described on the Site, or the Services available through the Site, are appropriate or available for use in locations outside the United States or all territories within the United States.
All physicians and psychologists on the Site hold professional licenses issued by the professional licensing boards in the states where they practice, hold doctoral degrees in either medicine or psychology and have undergone post-doctoral training. You can report a complaint relating to services provided by a Treating Provider by contacting the professional licensing board in the state where the services were received. In a professional relationship, sexual intimacy is never appropriate and should be reported to the board that licenses, registers, or certifies the licensee.
You can find the contact information for each of the state professional licensing boards governing medicine on the Federation of State Medical Boards website at
Any clinical records created as a result of your use of the Site will be securely maintained by My Virtual Doctor on behalf of your Treating Provider(s) for a period that is no less than the minimum number of years such records are required to be maintained under state and federal law, and which is typically at least six years.
My Virtual Doctor 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.
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 this Web site 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 http://www.loc.gov/copyright. In accordance with the DMCA, My Virtual Doctor has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. 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 My Virtual Doctor, LLC 7451 Wiles Road, Coral Springs, FL 33067
Effective: October 3, 2013
This notice describes how medical information about you may be used and
disclosed and how you can get access to this information.
Please review it carefully.
As the healthcare providers providing online medical services through My Virtual Doctor (the “Healthcare Providers”, “us”, “we”, “our”), we understand that information about you and your health is personal. Because of this, we strive to maintain the confidentiality of your health information. We continuously seek to safeguard that information through administrative, physical and technical means, and otherwise abide by applicable federal and state guidelines.
We use and disclose your health information for the normal business activities that the law sees as falling in the categories of treatment, payment and health care operations. Below we provide examples of those activities, although not every use or disclosure falling within each category is listed:
Treatment – We keep a record of the health information you provide us. This record may include your test results, diagnoses, medications, your response to medications or other therapies, and information we learn about your medical condition through the online services. We may disclose this information so that other doctors, nurses, and entities such as laboratories can meet your healthcare needs
Payment – We document the services and supplies you receive when we are providing care to you so that you, your insurance company or another third party can pay us. We may tell your health plan about upcoming treatment or services that require prior approval by your health plan.
Health Care Operations – Health information is used to improve the services we provide, to train staff and students, for business management, quality improvement, and for customer service. For example, we may use your health information to review our treatment and services and to evaluate the performance of our staff in caring for you.
We may also use your health information to:
We may also use or disclose your personal or health information for the following operational purposes. For example, we may:
You may tell us that you do not want us to use or disclose your information for these two activities. All other uses and disclosures, not previously described, may only be done with your written authorization. For example, we need your authorization before we disclose your psychotherapy notes. We will also obtain your authorization before we use or disclose your health information for marketing purposes or before we would sell your information. You may revoke your authorization at any time; however, this will not affect prior uses and disclosures. In some cases state law may require that we apply extra protections to some of your health information.
We are required by law to:
We reserve the right to change privacy practices, and make the new practices effective for all the information we maintain. Revised notices will be posted on the My Virtual Doctor website.
The law entitles you to:
We may ask that you make some of these requests in writing.
If you believe that your privacy has been violated, you may file a complaint with us or with the Secretary of Health and Human Services in Washington, D.C. We will not retaliate or penalize you for filing a complaint with the facility or the Secretary.
To file a complaint with the Secretary of Health and Human Services write to 200 Independence Ave., S.E., Washington, D.C. 20201 or call 1-877-696-6775.
This Notice describes the healthcare practices of:
Your personal care providers may have different policies or Notices regarding their use and disclosure of your health information created in their offices.