DTG II, PLC d/b/a BEYONDMD TERMS OF SERVICE
Last Modified: April 14, 2021
Welcome, and thank you for your interest in our web-based healthcare platform https://beyondmd.co (“Website”) and associated web applications (“App”) which are owned and operated by DTG II, PLC d/b/a beyondMD (“BMD”), a Michigan Professional Limited Liability Company Through the Website and App, we offer online telehealth support services, including but not limited to, scheduling telemedicine consultations with provider networks, providing convenient access to patient information, and sending patient prescription information to pharmacies in an efficient manner (“Services”) that, when clinically appropriate, lets our users nationwide receive care from our health professionals. BMD itself is not a medical provider and does not provide medical care or advice, as discussed in more detail below.
For Prescriptions: If you request to use the Services, and our medical providers consider it appropriate, we may give you a prescription and send it to a pharmacy to fulfill on your behalf.
The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Service”), govern your access to and use of Website and App (collectively, “Platforms”), including any content, functionality, and services offered or requested on or through it, and any content or Services that we provide on or through our Platforms that you may receive or view, whether as a guest or a registered user, such as accessing our Website, utilizing our App, and initiating a telehealth consult.
THE SERVICE IS NOT FOR USE IN MEDICAL OR MENTAL HEALTH EMERGENCIES OR OTHER URGENT SITUATIONS. IF YOU THINK YOU MAY HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
Section 1. Telehealth Platform; Acceptance Required. Without limitation, you agree that the Company is merely a telehealth platform, and that your use of the Service is at your own risk and pursuant to Section 2 (Assumption of Risk; Release).
1.1. No Duty of Care Until Accepted by Doctor. You understand and agree that the Company and its team of doctors will take responsibility for your care only after you have been accepted as a patient by the Company. In order to be accepted as a patient, (i) you must complete and answer all the required health questions on the new patient form, the renewal form, and the consent form, as applicable (collectively, the “Patient Forms”; (ii) you must provide a valid driver’s license number to establish you are of legal age; (iii) a doctor must review your requests for treatment, your Patient Forms, any photographs submitted by you, and/or information received from a video, telephonic, or Internet chat consultation (each, a “Teleconsultation”); (iv) the doctor must determine you are a good candidate for the receipt of telehealth services. You understand and agree that the duty of care does not arise at the point of your submission of Patient Forms or other inquiry, at the point of payment, or during a Teleconsultation, but at the point at which a doctor accepts a duty of care. Medical provider users shall not create a patient relationship without first obtaining all of the information stated herein.
1.2. Right of Refusal. You understand and agree that any doctor accessible through our Services has the right to refuse to take responsibility for your care if said doctor determines, in the doctor’s exclusive professional judgment, that you are not a proper candidate for the Service. Medical provider users who decide to form a relationship with a patient shall do so unambiguously, and in a manner that informs the patient users of the scope of care.
1.3. Website Material Is Not Medical Advice. You understand and agree that, except for any communications from a provider directly to you regarding your personal health, no information provided on the Website or through the Service constitutes professional medical advice and is intended for informational purposes only. You agree that you will never disregard professional medical advice or delay seeking it due to something you have read on the Website.
1.4. Risks Inherent in Teleconsultations. All users shall understand and hereby agree, that important differences exist between the telehealth model of care and traditional healthcare. By using a telehealth platform, you are assuming increased responsibility for your own health and treatment options, including the responsibility to apply general information gleaned from the Website and other Internet sources to your personal health and symptoms. You understand and agree that, by choosing to obtain a Teleconsultation, you are assuming all risks of foregoing an in-person, physical consultation, including a physical exam that could identify a medical condition that requires further investigation or immediate treatment.
1.5. Risks Inherent in Medication and Supplements. All medicines prescribed or recommended by a medical provider pose risks of serious side effects and adverse events, including severe allergic reaction, permanent disability, and death. Patient users understand and agree that it is your responsibility to inform all your health care providers of any allergies, past symptoms, your history with tobacco, drugs, or alcohol, or medications or supplements taken by you and to make an informed decision regarding the risks and benefits of any medicine or supplements being prescribed. Nothing in these Terms of Service are designed to alter a medical provider’s professional judgment or duties, when patient users elect to use the Services. As such, patient users shall be transparent about all medical issues relating to the consultation and proposed treatment plan.
Section 2. Informed Consent of Services Performed by Company.
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, or subspecialists. The information may be used for diagnosis, therapy, follow-up or education, and may include any of the following: Patient medical records; Medical images; Live two-way audio or video; and 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 complete medical record.
2.1. Expected Benefits. Expected benefits of the Services include: Improved access to medical care by enabling a patient to remain in his/her local healthcare site (i.e. home) while the provider consults and obtains test results at distant/other sites; More efficient medical evaluation and management; and Obtaining expertise of a specialist. BMD and any providers being consulted do not and cannot guarantee any particular patient outcomes.
2.2. Possible Risks. As with any medical procedure, there are potential risks associated with the use of telemedicine.
2.2.1. 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; and
- In rare cases, a lack of access to complete medical records may result in adverse drug interactions or allergic reactions or other judgment errors.
2.3. Checking “Informed Consent”. By checking the box associated with “Informed Consent”, patient users acknowledge that you understand and agree with the following:
2.3.1. 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 personally identifies me, will be disclosed to researchers or other entities without my written consent.
2.3.2. 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.
2.3.3. 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.
2.3.4. 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.
2.3.5. 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.
2.3.6. 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.
2.4. Importance of Reading All the Information we Provide. I understand the importance of reading the information the doctor provides about adverse events, including the signs and symptoms of serious side effects and common side effects from taking a medicine, as this will ensure that I seek appropriate medical attention in a timely manner.
2.5. Importance of Answering All Questions Fully and Truthfully.
2.5.1. I understand that by using the Company I seek to enter into a relationship where the doctor relies exclusively upon information and photos that I provide to decide whether or not treatment is safe and appropriate.
2.5.2. I understand that the doctor has no way of verifying the information and photos that I provide and that the doctor will consider information to be accurate, true and complete, including my age, gender and all my answers to health questions, and the photos to be of me, taken at the time of me using the service, and unaltered.
2.5.3. I understand that if I provide information that isn’t true and complete, then I’ll be at greater risk of adverse events from any treatment that the doctor prescribes and I may take a treatment that isn’t necessary, appropriate, or safe.
2.5.4. I understand that if I provide photos that are altered, not of me or not taken at the time of me using the service, then I’ll be at greater risk of adverse events from any treatment that the doctor prescribes and I may take a treatment that isn’t necessary, appropriate, or safe.
2.5.5. I understand that even if I provide information that is true and complete, I’m still at risk of adverse events from any treatment that the doctor prescribes.
2.5.6. I understand that even if I provide photos that are unaltered, of me and taken at the time of using the service, I’m still at risk of adverse events from my treatment that the doctor prescribes.
2.5.7. I understand that by using the Company I’m giving my explicit consent for the doctor to access medication history.
2.6. Risks of Accepting our Treatment Plan.
2.6.1. I understand that all the medicines that the doctor may prescribe or recommend, including over the counter medicines and ‘behind the counter’ medicines can cause serious side effects and adverse events that include severe allergic reaction, permanent disability and death.
2.6.2. I understand that it is my responsibility to make an informed decision whether to accept a treatment plan that the doctor proposes after weighing the risks and benefits of the medicine being prescribed, alternative treatment options and the risks and benefits of such alternatives, and the option of not seeking any treatment.
2.6.3. I understand that adverse events can be caused by a number of things, including an allergic reaction, side effects, or interactions between a medicine that the doctor prescribes and any medical conditions I may have, other prescription medicines or other things (e.g., supplements, herbs, over-the-counter medicines, or recreational drugs) I’m taking, and lifestyle choices such as smoking tobacco products or drinking alcohol.
2.6.4. I understand that by using the Company to diagnose and treat erectile dysfunction, the doctor won’t have the opportunity to conduct a detailed physical examination that would be possible if I were to see a doctor in person. Because the Company’s doctors cannot do a detailed physical examination there is a risk that they may not identify potential physical causes of my condition that they would be able to identify and investigate further if I were to see them in person.
2.6.5. I understand that the Company’s doctors can order a set of laboratory tests, help me understand the tests results and advise me on next steps.
Section 3. Assumption of Risk; Release
You knowingly and freely assume all risk when using the Services. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify the Company and its stockholders, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, and assigns (collectively, the “Company Parties“) from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or to third parties, that may result from your use of the Services.
Section 4. Interactions with Doctors
The Company facilitates communication between doctors and patients. You are solely responsible for your interactions with the Company’s doctors and for providing all necessary information to them. In no event shall the Company be liable for indirect, special, incidental, or consequential damages arising out of or relating to any user’s conduct in connection with such user’s use of the Service, including, without limitation, bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or any other damages resulting from communications or meetings between users.
Section 5. Changes to Terms of Service
We reserve the right, at our sole discretion, to revise, update, or modify these Terms of Service. Amended Terms of Service will be posted on the Website or within Services and all changes are effective immediately upon posting. Notice of the amended Terms of Service will be provided in a dialog box when you log in and you are required to check the “I Agree” box certifying that you have read and understood the Terms of Service and agree to be bound by these amended Terms of Service. We may provide additional notice, at our sole discretion, such as an e-mail message or a message within the Services notifying of the amended Terms of Service. Your continued use of the Platforms and Services following the posting of the amended Terms of Service means you are agreeing that the changes apply to your continued use of the Services.
Section 6. Account Information and Security
6.1. User Account. To use the Services, you must register and create a user account (“Account”). During the Account creation process, you will be asked to provide information that personally identifies you (“Personal Information”), including, but not limited to, a username, password, and certain personal information, which may include your name, e-mail address, phone number, and location (state and country).
6.2. Patient Form and Account Information Accuracy. You represent and warrant that all user information you provide in connection with any Patient Form, your Account and your use of the Service is current, complete, and accurate, and you agree that you will update that information as necessary to maintain its completeness and accuracy by updating your personal Profile. You agree that you will not submit any fake content (including without limitation any Account, username, likeness, or Profile) to willfully and credibly impersonate another person, whether actual or fictitious. As a non-exhaustive example, you agree that you will not upload a Profile image that is not your likeness or provide inaccurate information about your health condition. If the Company believes in its sole discretion that the information you provide is not current, complete, or accurate, the Company has the right to refuse you access to the Service, or to terminate or suspend your access at any time, or both.
6.3. No Pseudonyms. You must use your real name when using the Services; pseudonyms are not allowed. Any use of a pseudonym violates Section 3.2 (Patient Form and Account Information Accuracy) and is cause for suspension or deletion of your Account.
6.4. Account Security. You will also be asked to provide a username, password, and possibly other information to secure your Account. You are entirely responsible for maintaining the confidentiality of your password. You may not use the username or password of any other person, nor may you share your username and password, nor may you circumvent any authentication mechanism requiring the entry of usernames, passwords, or any other information to gain unauthorized access to the Service. You agree to notify the Company immediately of any unauthorized use of your Account. The Company shall not be liable for any loss that you incur because of someone else using your Account, either with or without your knowledge. You may be held liable for any losses incurred by the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your Account.
Section 7. Accessing and Changes to the Website
7.1. Accessing the Website. We reserve the right to withdraw or amend this Website and App, and any service or material we provide on our Platforms, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website and App, or the entire Website and App, to users, including registered users.
7.1.1. You are responsible for both:
- Making all arrangements necessary for you to have access to the Platforms; and
- Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Service and comply with them.
7.2. Changes to the Website. We may update the content on our Platforms from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Section 8. Permitted and Prohibited Uses of the Website
8.1. Permitted Uses of the Website and App. You may use the Website only for lawful purposes and in accordance with these Terms of Service. These Terms of Service permit you to use the Website and App for your personal, non-commercial use only.
8.2. Prohibited Uses of the Website and App. The Company imposes certain restrictions on your use of the Service. Any violation of this section may subject you to civil and/or criminal liability. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site, its content, or the Services:
8.2.1. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
8.2.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
8.2.3. To solicit others to perform or participate in any unlawful acts;
8.2.4. To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
8.2.5. To send, knowingly receive, upload, download, use or re-use any material that does not comply with the Content Standards, as set forth in Section 6.3, in these Terms of Service;
8.2.6. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
8.2.7. To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity;
8.2.8. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platforms, or which, as determined by us, may harm the Company or users of the Platforms, or expose them to liability;
8.2.9. In any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Platforms, including their ability to engage in real time activities through the Platforms;
8.2.10. Modify copies of any materials from this site;
8.2.11. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site;
8.2.12. For any commercial purposes, including any part of the Platforms or any services or materials available through the Platforms;
8.2.13. To use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Platforms;
8.2.14. To use any manual process to monitor or copy any of the material on the Platforms, or for any other purpose not expressly authorized in these Terms of Service;
8.2.15. To use any device, software, or routine that interferes with the proper working of the Platforms;
8.2.16. To introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
8.2.17. To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platforms, the server on which the Platforms are stored, or any server, computer, or database connected to the Platforms;
8.2.18. To attack the Platforms via a denial-of-service attack or a distributed denial-of-service attack;
8.2.19. To otherwise attempt to interfere with the proper working of the Platforms;
8.2.20. To reproduce, resell, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platforms, including our Services;
8.2.21. To offer or enable any third parties to use the Services purchased by you, display on any website, or otherwise publish the Services or any content obtained from a Service or otherwise generate income from the Services or use the Services for the development, production, or marketing of a service or product substantially similar to the Services;
8.2.22. To harass or stalk any person, or contacting any person who has requested not to be contacted;
8.2.23. To provide false, misleading, or inaccurate information to the Company or any other person in connection with the Services;
8.2.24. To forge, modify, or falsify any network packet or protocol header or metadata in any connection with, or transmission to, the Services (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers)
8.2.25. To harvest or otherwise collect information about users, including email addresses and phone numbers;
8.2.26. while using the Service, to use ad-blocking or other content-blocking software, browser extensions, or built-in browser options designed to hide, block, or prevent the proper display of online advertising;
8.2.27. To pay anyone for interactions on the Service; and
8.2.22. In any matter beyond the scope of Company’s intended use, as solely determined by us.
Section 9. User Content
9.1. User Content Generally.
9.1.1. Certain features of the Service may permit users to upload, post, submit, publish, display, or transmit to other users or other persons content to the Service on or through the Platforms, including social media posts and other content which may be comprised of messages, reviews, photos, video, images, data, text, and other types of works (“User Content”).
9.1.2. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.
9.2. User Responsibilities regarding User Content. You agree to the following:
9.2.1. You are solely responsible for your User Content and the consequences of providing User Content via the Services, including its legality, reliability, accuracy, and appropriateness;
9.2.2. You own or control all rights in and to the User Content;
9.2.5. Any User Content you post, publish, or transmit to the site will be considered non-confidential and non-proprietary; and
9.2.6. You waive any legal or equitable right or remedy you have or may have against the Company with respect to User Content.
9.3. Content Standards. User Content must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:
9.3.1. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
9.3.2. Contain any viruses, adware, spyware, worms, or other malicious code;
9.3.3. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
9.3.4. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
9.3.5. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations;
9.3.6. Be likely to deceive any person;
9.3.7. Promote any illegal activity, or advocate, promote, or assist any unlawful act;
9.3.8. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
9.3.9. Impersonate any person, misrepresent your identity, or misrepresent your affiliation with any person or organization;
9.3.10. Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or
9.3.11. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
9.4. Company’s Responsibilities regarding User Content.
9.4.1. Monitoring. Company assumes no obligation to control or monitor User Content that you or other users post or publish and does not screen or routinely pre-screen any User Content. Company does not guarantee the accuracy, integrity, appropriateness, quality, or validity of any User Content.
9.4.2. Reservation of Rights. Company reserves the right to:
9.4.2.a. Monitor any and all User Content from time to time;
9.4.2.b. Screen, remove, edit, or block any User Content for any or no reason in our sole discretion, without prior notice; and
9.4.2.c. Take any action with respect to any User Content that we deem necessary, including but not limiting to, violation of Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
9.4.3. No Responsibility or Liability. Company assumes no responsibility or liability for:
9.4.3.a. Content or any loss or damage incurred as a result of the use of User Content;
9.4.3.b. Any action or inaction regarding transmissions, communications, or content provided by any user or third party; or
9.4.3.c. Performance or nonperformance of activities regarding User Content.
9.5. Company’s Permitted Use of User Content. You grant the Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and license (with the right to sublicense) right to use, host, copy, store, transfer, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
Section 10. Linking
10.1. Linking to the Website or App. You may link to our publicly available portions of the Website or App, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
10.2. Linking to Social Media Features.
10.2.1. The Website and App may provide certain social media features that enable you to:
10.2.1.a. Link from your own or certain third-party websites to certain content on the Platforms;
10.2.1.b. Send emails or other communications with certain content or links to certain content, on the Platforms; and
10.2.1.c. Cause limited portions of content on the Platforms to be displayed or appear to be displayed on your own or certain third-party websites.
10.2.2. You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
10.2.2.a. Establish a link from any website that is not owned by you;
10.2.2.b. Cause the Platforms or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking;
10.2.2.c. Link to any part of the Website other than publicly available portions of the Platforms; or
10.2.2.d. Otherwise take any action with respect to the materials on the Platforms that is inconsistent with any other provision of these Terms of Service.
10.3. Linking Cooperation. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
10.4. Linking from the Website or App. If the Platforms contain links to websites of third parties (Third-Party Websites), including third-party pharmacies that fill your prescriptions, these links are provided for your convenience only. The Company has not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, made available on Third Party Websites. We have no control over the contents and performance of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the Third-Party Websites linked to the Platforms, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Section 11. Reliance on Information Posted
The information presented on or through the Platforms is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platforms, or by anyone who may be informed of any of its contents. the Platforms may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Platforms at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to the Platforms. The Platforms may include content provided by third parties. All statements and opinions expressed in these materials and other content are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Section 12. Proprietary Rights
12.1. Intellectual Property Rights. The Platforms and its entire contents, features, and functionality, and Services (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owed by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. YOUR HAVE NO RIGHT, TITLE, OR INTEREST IN THE PLATFORMS OR ANY CONTENT ON THE PLATFORMS.
12.2. Proprietary Rights. Company retains ownership of all proprietary rights in the Services and in all of Company’s name, terms, trade names, trademarks, service marks, logos, domain names, and all related names, logos, product and service names, designs, and slogans (“Company’s Marks”) associated or displayed with the Platforms and Services. You may not frame or utilize framing techniques to enclose any Company’s Marks, or other proprietary information of the Company without express consent. You may not use any meta tags or any other “hidden text” utilizing Company’s Marks without our express written consent.
12.3. Assignment of Rights to Content. User agrees that any Works (as defined below) uploaded to by and through any of the Services, or created by the Company in the course of the Company providing any Services are subject to the “Work Made for Hire” provisions contained in Sections 101 and 201 of the United States Copyright Act, Title 17 of the United States Code. “Works” means any copyrightable work of authorship, including without limitation, any technical descriptions for products, user’s or product guides, graphical works, audiovisual works, sound recordings, videos, literary works, illustrations, advertising materials, computer programs (including the contents of read-only memories) and any contribution to such materials. All right, title, and interest to copyrights in all Works that have been or will be prepared by user in the course of Owner’s duties as an Owner of the Company will be the property of the Company. User further agrees that, to the extent the provisions of Title 17 of the United States Code do not vest the copyrights to any Works in the Company, Owner hereby irrevocably assigns, sells, and transfers to the Company all right, title, and interest to all copyrights that Owner may have in the Works. Any and all content filmed by the Company, which may include the user, including all audio and video Works shall be the exclusive Works of the Company.
12.4. Publicity Rights. By requesting an interview or consenting to us filming or otherwise creating any content/Works that includes your name, user’s image, video, or likeness, you are granting the Company the exclusive rights to publish, broadcast, alter, create derivative works from, and any and all rights not expressly stated herein, including moral rights, to the Works. Because the Company relies on the use of social media to provide the Services, you hereby grant to the Company, the exclusive right to use all Work that contains your name, image, video, or likeness, on all such social media platforms.
Section 13. Copyright Policy
Since we respect artist and content owner rights, it is our policy to respond to alleged copyright infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Company’s copyright agent as set forth in the DMCA. In accordance with DMCA, the written notice (“DMCA Notice”) must include the following:
- Your physical or electronic signature;
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works;
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the written notice is accurate; and
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner
Notices and counternotices 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, BeyondMD 5565 Isle River Drive NE Belmont, Michigan 49306
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Platforms is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is our policy to terminate the user accounts of repeat infringers.
Section 14. Payments
14.1. Payment Terms.
14.1.1. You acknowledge and agree that the Company reserves the right to charge for access to the Service, including for Teleconsultations. The Company reserves the right, in its sole discretion, to change the fees and charges in effect, or to add new fees and charges, by posting such changes or providing notice to you. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical, inaccuracies, or omissions related to pricing. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
14.1.2. You agree to timely pay for all products ordered by you and other charges incurred by you through the Service. By using the Service, you authorize the Company and/or its payment processor to charge the Company’s fees to the payment method you provide, in addition to applicable sales and other taxes.
14.1.3. Third-Party Pharmacies. for your convenience and to provide our Services on an expedited basis, you may fill a prescription through third party pharmacies that we refer you to. You understand and agree that these third-party pharmacies are not affiliated with our Company. They are third parties and our Company does not charge you for pharmaceuticals. In order to facilitate filling your prescription, you hereby authorize us to provide any third-party pharmacy selected to fill your prescription with your billing information that is within our files, including your name, billing address, and credit card information. Any and all issues relating to charges by a pharmacy for your prescription must be addressed with the third-party pharmacy, and not our Company. You hereby hold the Company harmless from any and all issues relating to the fulfillment of your prescription by such pharmacies, including any and all payment disputes that you may have with them.
14.2. Returns and Refunds. All fees, charges, and payments are nonrefundable, and there are no refunds. Due to the nature of the Services, the Company cannot accept any return.
Section 16. Termination; Suspension of Your Account
16.1. Termination by Company. We reserve the right to discontinue offering or deny use of the Services or any part thereof, make changes to the Services, or to suspend, remove, modify or disable access to Services at any time in our sole discretion and without notice. Notwithstanding anything contained in these Terms of Service to the contrary, we may also, in our sole discretion, terminate or suspend your access to the Services and your Account at any time. In no event will we be liable for the removal of or disabling of access to the Service or any part thereof. We may also impose limits on the use of or access to the Services, in any case and without notice or liability. Without limiting any remedies available to us, we may limit, suspend, terminate, modify, or delete your user account and access to Services if you are, or we suspect that you are, failing to comply with any of the Terms of Service and any laws or regulations.
16.2. Automatic Termination Upon Breach by You. The Terms of Service shall automatically terminate if you breach any of this Agreement’s representations, warranties, or covenants. Such termination shall be automatic and shall not require any action by the Company.
16.3. Termination by User. You may terminate this Agreement and your rights under it at any time, for any or no reason at all, by providing to the Company notice of your intention to do so, in the manner required by Section 15.8 (Notices).
16.4. Effect of Termination.
16.4.1. Any termination of this Agreement automatically terminates all rights and licenses granted to you under this Agreement, including all rights to use the Service. Upon termination, the Company may, but has no obligation to, in the Company’s sole discretion, rescind any services and/or delete from the Company’s systems all your Personal Information and any other files or information that you made available to the Company or that otherwise relate to your use of the Service. Upon termination, you shall cease any use of the Services.
16.4.2. After termination, the Company reserves the right to exercise whatever means it deems necessary to prevent your unauthorized use of the Service, including without limitation technological barriers such as IP blocking and direct contact with your Internet Service Provider.
Section 17. Geographic Restrictions
The owner of the Platforms is based in the State of Michigan in the United States. We provide the Platforms for use only by persons located in the United States. We make no claims that the Platforms or any of its content is accessible or appropriate outside of the United States. Access to the Platforms may not be legal by certain persons or in certain countries. If you access the Platforms from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Section 18. General Provisions
18.1. Disclaimer of Warranties. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platforms will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT ERRORS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18.2. User Representations and Warranties. You represent and warrant that your use of the Services will be in accordance with these Terms of Service and any other Company policies, and with any applicable laws or regulations.
18.3. Limitation on Liability.
18.3.1. Limitation on Liability regarding the Platforms and Services. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORMS, ANY PLATFORMS LINKED TO IT, ANY CONTENT ON THE PLATFORMS OR SUCH OTHER PLATFORMS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, AND LOSSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18.3.2. Limitation on Liability regarding Terms of Sale. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, ARISING OUT OF, OR RELATING TO, OR IN CONNECTION WITH ANY BREACH OF THESE TERMS OF SERVICE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. OUR SOLE AND ENTIRE MAXIMUM LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE SERVICES YOU HAVE ORDERED THROUGH THE WEBSITE.
18.4. Indemnification. You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractor, licensors, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Platforms, including but not limited to, your User Content, any use of the Platforms’ content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Platforms
18.5. Governing Law and Jurisdiction. All matters relating to the Platforms and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United States or the courts located in or nearest to Grand Rapids, Michigan. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.
18.6.1. Preliminary Dispute Resolution. Most claims, disputes, and controversies arising from or relating in any way to your purchase of Services through the Website, can be resolved quickly and amicably by contacting Company’s customer support at https://beyondmd.co/customer-service/ . But we understand that sometimes disputes cannot be easily resolved by customer support. If this is the case, as part of the best efforts process to resolve these claims, disputes, and controversies arising from or relating in any way to your purchase of Services through the Website and prior to initiating arbitration proceedings, each party agrees to provide notice of the claims, disputes, and controversies to the other party, including a description of the dispute, what efforts have been made to resolve it, and what the disputing party is requesting as resolution, to https://beyondmd.co/customer-service/.
18.6.2. Small Claims Court Available. You may initiate an action in your local Small Claims Court if you meet the court’s requirements. However, if such a claim is transferred, removed, or appealed to a different court, Company reserves the right to require arbitration.
18.6.3. Binding Arbitration Generally. By voluntarily accepting these Terms of Service, YOU AND THE COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF SERVICES THROUGH THE WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
18.6.4. No Class Actions. By voluntarily accepting these Terms of Service, you and the Company are agreeing that the parties can only bring a claim against each other on an individual basis.
18.6.5. Arbitration Procedure. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect. The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and enforceability of this arbitration provision. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
18.6.6. Severability. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
18.6.7. Venue and Jurisdiction. The proper venue for any judicial action arising out of, relating to, or in connection with this Agreement will be the state and federal courts located in or nearest to San Diego, California. The parties stipulate to, and agree to waive any objection to, the personal jurisdiction and venue of such courts, and further expressly submit to extraterritorial service of process.
18.7. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
18.8. Waiver. No waiver by the Company of any term or condition set out in these Terms of Service will 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 the Company to assert a right or provision under these Terms of Service will not constitute a waiver of such right or provision.
18.9.1. From Company to User. The Company shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to the Company. You agree that any notice received from the Company electronically satisfies any legal requirement that such notice be in writing. You bear the sole responsibility of ensuring that your email address on file with the Company is accurate and current, and notice to you shall be deemed effective upon the sending by the Company of an email to that address.
18.9.2. From User to Company. You shall give any notice to the Company by email to firstname.lastname@example.org .
18.10. Assignment. We may assign these Terms of Service and all documents fully incorporated, in whole or in part, to any person or entity at any time without your consent. The Terms of Service and all of your rights and obligations under it will not be assignable or transferable by you without the prior written consent of the Company. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns. Any unauthorized attempt of assignment by you will be ineffective.
18.11. Amendments. The Terms of Service may only be modified by a written amendment signed by an authorized executive of the Company, or by the unilateral amendment of this Agreement by the Company along with the posting by the Company of that amended version.
18.12. Survivability. Upon any termination of these Terms of Service, the following provisions will survive termination: Section 3, Section 5, Section 6, Section 9, Section 12, Section 15.1, Section 15.2, Section 15.3, Section 15.5, Section 15.6, and Section 15.7.
18.13. Severability. If any part of these Terms of Service is declared invalid, void, or unenforceable by a court or other tribunal of competent jurisdiction, such decision shall not affect the validity of any remaining portion of these Terms of Service, which shall remain in full force and effect, and the parties acknowledge and agree that they would have executed the remaining portion without including the part so declared by a court or other tribunal of competent jurisdiction to be invalid, void, or unenforceable.
18.14. Entire Agreement. These Terms of Service and all documents herein fully incorporated constitute the sole and entire agreement between you and the Company regarding the Platforms and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platforms.
18.15. Independent Contractors. You and the Company are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.
18.16. No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement, with the following exceptions: the Company Parties; the Company’s licensors and suppliers (to the extent expressly stated in this Agreement); and to the extent stated in the following section: Section 7.4 (Linking from the Website or App).
18.17. Injunctive Relief. You acknowledge and agree that any actual or threatened breach of this Terms of Service or infringement of proprietary or other third-party rights by you would cause irreparable injury to the Company and the Company’s licensors and suppliers, and would therefore entitle the Company or the Company’s licensors or suppliers, as the case may be, to injunctive relief.
18.18. License. Subject to the user’s compliance with these Terms of Service, the Company grants you a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to access the Website, and to use the Service. No part of the Service, including the Website, may be reproduced, duplicated, copied, modified, sold, resold, distributed, transmitted, or otherwise exploited for any commercial purpose without the prior express written consent of the Company. All rights not expressly granted in this Agreement are reserved by the Company.
18.19. Electronic Communications.
18.19.1. Consent to Receive from Company. By registering for the Service and providing your name, email, postal or residential address, and/or phone number through the Service, you expressly consent to receive electronic and other communications from the Company, over the short term and periodically, including email and short-message service (“SMS” or “text message”) communications. These communications will be about the Service, new product offers, promotions, and other matters. You may opt out of receiving electronic communications at any time by following the unsubscribe instructions contained in each communication, or by sending an email to unsubscribe@DocTalkGo.com. You agree that these electronic communications satisfy any legal requirements that communications or notices to you be in writing.
18.19.2. Consent to Receive from Users. Without limitation, by registering for the Services and providing your name, email, postal or residential address, and/or phone number through the Services, you consent to receive electronic communications, including email, instant messages, video conferencing, and other personal messages from other users of the Services.
18.19.3. SMS Policy.
18.19.3.a. Termination by You. You may terminate any of the SMS services or subscriptions at any time by texting “STOP” to 72144.
18.19.4.c. Description of SMS Services. The Company provides text message-based service such as doctor prescription renewal dates approaching; follow-up (general) along with self-schedule nutritionist link; weight loss coach check-ins; doctor no-show to reschedule; product announcements, specials and promotions. You acknowledge and agree that the SMS service are for your personal use only. You may not use the services to sell a product or service, or to increase traffic to your business for commercial reasons, such as advertising sales. If you want to make commercial use of the services, you must enter into an agreement with the Company in advance. Please contact us for more information.
18.19.4.d. More Information. To see the complete the Company’s complete SMS Policy, please go to https://www.beyondMD.co/sms .
18.20. Headings. The headings in this Agreement are for convenience only, and shall have no legal or contractual effect.