Last Updated: June 1st, 2019
MD2Rx Technologies is dedicated to providing exceptional Service at an affordable cost. MD2Rx Technologies’s online platform utilizes technology (e.g., picture sharing, telemedicine, etc.) adapted for the specific needs of healthcare. All tools and services offered by MD2Rx Technologies on this website (the “Site”) are referred to as the “Services” for this Authorization
MD2Rx Technologies allows users of the Site (the “Users”) to share personal health information online. MD2Rx Technologies may also contract with or allow for the use of the Site by individual health care providers or networks of health care providers (collectively, “providers”) to facilitate your use of the Services or to make MD2Rx Technologies’s Services available to Users who are patients of such providers. For this Authorization, the terms “we” or “us” refers to MD2Rx Technologies and to any of your Provider (s) with which MD2Rx Technologies contracts for the provision of the Services.
Stated: MD2Rx Technologies is a dermatology platform. We connect you with a Provider (i.e., dermatologist). In this document, “We” or “Us” can refer to all of these parties.
USE AND DISCLOSURE OF YOUR HEALTH INFORMATION
As used in this Authorization, the term “health information” means all information, in any format including without limitation text, photos, and video, relating to your past, present, or future physical or mental health or condition; the provision of health care to you; or the past, present, or next payment for the provision of health care to you. It specifically includes such information after you have submitted your consult, including consent and/or payment. It contains such information regardless of whether it is or has been posted on the Site, was provided by you or by other Users of the Site, was made available to us by your providers, or was posted on the Site by us, and regardless of whether it is subsequently removed from the Site.
Examples of “health information,” many of which MD2Rx Technologies does not collect, include, but are not limited to:
- Photographs of you and/or your skin that are intended to document the condition of your skin.
- Information about your medical or mental health or illness, including diagnosis date, first symptom information, and family history.
- Treatment regimens, including treatment start dates, stop dates, dosages, and side effects.
- Symptoms experienced, including severity and duration.
- Health risk assessment scores or surveys.
- Medications prescribed and supplements taken.
- Communications between you and your providers
- Lab tests or lab results.
- Genetic information, including information on genetic tests and test results, individual genes and/or entire genetic scans.
- Tests or test results for diseases or health conditions.
- Alcohol, drug, or substance abuse information.
- Claims information relating to your health care coverage with a health insurer, including but not limited to, benefits paid; benefits denied; pre-service, concurrent and post service certification/utilization review decisions, and/or care management activities.
Stated: We collect your health information to provide our Service to you. This information could be directly from you or other sources like lab tests and your Provider.
You with this authorize us, and any third-party vendors acting on our behalf, to use or disclose all, or any part of, your health information to the persons or entities identified below for the stated purposes:
- To your providers to provide the Services to you and/or your providers.
- To the extent that Authorization is required by applicable law, to re-disclose your health information among us, and to any third party vendors acting on our behalf, to provide the Services to you, your providers, and/or other Users.
- To the extent that Authorization is required by applicable law, to use or disclose your health information to third parties in order to properly manage our business and/or to comply with our legal responsibilities (for example, to respond to a subpoena or similar legal process); when we believe in good faith that disclosure is necessary to protect our rights or to protect your safety or the safety of others; to investigate fraud; to respond to a governmental request for information; or in connection with a merger, acquisition or sale of all or a portion of MD2Rx Technologies’s assets.
- To the extent that Authorization is required by applicable law, to market our products and services (and those of third parties) to you, though we will not disclose your health information in doing so. For example, we may allow third parties to choose the characteristics of users who will receive the communications, and we may use any attributes we have collected (including information you do not make available on the Site) to select the appropriate audience for those communications.
Stated: To provide our Service to you, we need to share your information with others, like your doctor. We will also share your information if we have to by law. We may also use your information to personalize your experience with third parties; however, if they are not pertinent in your healthcare, they will receive NO personal health-related information.
You with this acknowledge that health information disclosed according to this Authorization may be subject to re-disclosure by the recipient and no longer protected by the privacy laws.
In some cases, communications between you and MD2Rx Technologies will include health information in unencrypted forms (most notably email and text). The information contained within these communications will never include highly-sensitive information, including your medical history, medication prescribed outside of the MD2Rx Technologies Platform, and the photos you provide in your consultation. You are authorizing MD2Rx Technologies to communicate with you using unencrypted mediums (like email and text) for some PERSONAL HEALTH INFOMATION including, but not limited to your MD2Rx Technologies treatment plan, the name of your Provider, and the condition you’re seeking treatment for.
With this Authorization, you understand the following risks of communicating using unencrypted mediums:
- Email and texts can be forwarded, printed, intercepted, and stored by anyone with access to your email inbox or mobile phone.
- These mediums are convenient but are not appropriate for emergencies or time-sensitive information.
- Your employers typically have the right to access any email received or sent by a person at work.
- Staff other than your healthcare provider may read and process email.
- Clinically relevant messages and responses will be documented and become part of your medical record at your Physician’s discretion.
- MD2Rx Technologies is not liable for information lost or misdirected due to technical errors or failures.
Stated: By using MD2Rx Technologies, you’re allowing us to send you some necessary health-related information by email and/or text. We do this to improve your experience, i.e., an email receipt, including information about your consultation. There are some risks in sending information by email, and you need to be OK with these risks to use the Service. We will NOT communicate any highly sensitive data by emails like your photos, any medications you’re taking outside of MD2Rx Technologies, or any other medical conditions you have.
This Authorization will expire as of the earliest of the following: (i) your valid revocation of this Authorization under the procedures set forth below; (ii) deactivation of your User account; or (iii) the maximum period permitted by applicable law.
We are required by law to make sure that PERSONAL HEALTH INFOMATION that identifies you is kept private, give you this Notice of our legal duties and privacy practices concerning your PERSONAL HEALTH INFOMATION, and follow the terms of this Notice currently in effect.
Right to Inspect and to Receive Copies. You have the right to view and receive copies of the PERSONAL HEALTH INFOMATION used to make decisions about your care, provided you submit your request in writing to firstname.lastname@example.org Usually, this includes medical and billing records. Contact Customer Service for more information email@example.com or (888) 337-6225
Right to Amend. If you think that PERSONAL HEALTH INFOMATION MD2Rx Technologies has about you is wrong or incomplete, and you cannot edit it in the patient dashboard, you have the right to ask for an amendment to your record. To ask for a change to your record, you must make your request in writing, state a reason that supports your request and submits it to Customer Service at firstname.lastname@example.org MD2Rx Technologies may also deny your request if you ask MD2Rx Technologies to amend information that:
- MD2Rx Technologies did not create unless the person or entity that created the information is no longer available to make the amendment;
- is not part of the records used to make decisions about you;
- is not part of the information which you are permitted to inspect and to receive a copy or is accurate and complete.
Right to an Accounting of Disclosures. You have the right to get a list of the disclosures MD2Rx Technologies has made of your PERSONAL HEALTH INFOMATION. This list will not include all disclosures that MD2Rx Technologies made. For example, this list will not include disclosures that MD2Rx Technologies made for treatment, payment, or health care operations. It will not include disclosures made before June 1, 2012, or disclosures you explicitly approved. To ask for this list, you must submit your request through our request form. To ask for a form, send a message to email@example.com
Right To Request Restrictions. You have the right to ask for a restriction or limitation on the PERSONAL HEALTH INFOMATION MD2Rx Technologies uses or disclosures for treatment, payment, or health care operations. You also have the right to ask for a limit on the PERSONAL HEALTH INFOMATION MD2Rx Technologies discloses with someone who is involved in your care or the payment for your care. Such a person may be a family member or friend. MD2Rx Technologies is not required to comply with your request. If MD2Rx Technologies does agree, we will fulfill your request unless the information is needed to provide you with emergency treatment or if otherwise required by law. To ask for restrictions, you must make your request through an approved form. Get the form by messaging firstname.lastname@example.org You must tell us:
- What information you want to limit,
- How you want us to restrict the data, and
- To whom you want the limits to apply.
Right to Request Confidential Communications. You have the right to request confidential communications of your PERSONAL HEALTH INFOMATION or medical matters. You may ask that MD2Rx Technologies communicates with you through alternate means or at an alternative location. You must make your request in writing on a form that will be provided to you upon request. MD2Rx Technologies will fulfill all reasonable requests.
Right To a Paper Copy of This Notice. Right To a Paper Copy of This Notice. You may ask MD2Rx Technologies to give you a written copy of this Notice at any time. Even if you have agreed to get this Notice electronically, you still have a right to a paper copy of this Notice.
Stated: You have many rights regarding your health information including receiving copies, changing the information we have, asking us whom we share it with, restricting whom we share it with, communicating confidentially, and receiving a paper copy of this Notice. If you’d like to pursue any of these rights, send us a message at email@example.com
If you think your privacy rights have been violated, you may file a complaint with Our Privacy Officer or in writing at the address listed below. You may also file a complaint with the Secretary of the Department of Health and Human Services. Click here to find out how to file a complaint with the Secretary of the Department of Health and Human Services. You may also file a complaint with the applicant pharmacy. Contact the pharmacy directly with such a claim. You will not be penalized for filing a complaint. You may also contact us for further information about your privacy rights by emailing us at firstname.lastname@example.org.
Stated: If you feel as though we’ve handled your information inappropriately, you can submit a complaint to MD2Rx Technologies as well as the HHS who oversees and enforces HIPAA compliance.
You may refuse to execute this Authorization. However, if you refuse to sign this Authorization, you will not have access to the MD2Rx Technologies platform, including its online dermatologic consultations with board-certified dermatologists.
You may revoke this Authorization at any time. Your revocation must be in writing, signed by you and delivered to the following address: Chief Privacy Officer, MD2Rx Technologies, 4742Dodge Street, San AntonioTX 78217. Your revocation will be effective upon receipt but will not be effective to the extent that we or others have previously acted in reliance upon this Authorization. In the event you revoke this Authorization, you will no longer have access to your MD2Rx Technologies account.
Stated: It’s up to you if you’d like to accept this release of information. Unfortunately, if you refuse to accept this release, we can’t confidently perform our Service, so you can’t submit a consultation or receive treatment on MD2Rx Technologies.
Thanks again for using MD2Rx Technologies!
MD2Rx Technologies is about personal wellness physical and emotional health. You should look and feel your best all the time. Our job is to make your experience easy and affordable.
We know healthcare can be costly and confusing - and we want to help. We're building a new healthcare experience that connects patients and providers in a way that is delightful and simple. You can get medical care online today and chat with a doctor about your healthcare. MD2Rx Technologies, along with our partner health systems, wants to be your first stop for healthcare.
How It Works
If you are asking yourself "what is telemedicine anyways?", then you've come to the right place.
Create your profile
Enter your medical history and symptoms. You will be asked some questions about your health and you will need to provide some information about your symptoms and medical history. We take the privacy and security of your information very seriously, and the information you submit is encrypted within our secure platform.
Speak with a physician
Get connected with a qualified physician licensed in your state to start your diagnosis and talk about potential treatments. On our online platform, there are doctors at the ready to answer your questions - on your time.
Get your treatment shipped to your door. After you are diagnosed, if your physician decides a prescription is right for you, you’ll get your meds shipped by mail, right to your door.
All from the privacy of your home!
Last Updated: June 1st, 2019
FOR MD2RxTECHNOLOGIE’S HANDLING OF YOUR PERSONAL HEALTH INFORMATION (PHI) AND YOUR RIGHTS REGARDING PHI PLEASE VIEW OUR HIPAA AUTHORIZATION BY CLICKING HERE.
We collect information about you in various ways when you use our Services. We collect personal information you provide to us. For example, we collect your name, picture, email address, postal address, phone number, fax number, personal habits, demographics and other information you provide us on our Services. We also collect credit card numbers and other payment information if you purchase products or our services from us or from an affiliated health care provider or pharmacy through our Services. We may also obtain information from other sources and combine that with information we collect on our Services.
If you become a patient of a healthcare provider affiliated with MD2Rx Technologies, with your consent we may collect health information about you relating to your treatment such as your medical history and allergies to medications to provide you with continuous services through other affiliated health care providers.
When you visit our Website, some information is automatically collected. For example, when you visit our Website your computer’s operating system, Internet Protocol (IP) address, access times, browser type and language, and the website you visited before our site are logged automatically. We also collect information about your usage and activity and information about your device, such as your device and operating system type, wireless carrier, and device IDs, on our mobile applications.
Web Beacons. We may collect information using Web beacons. Web beacons are electronic images that may be used on our Website or in our emails. We use Web beacons to deliver cookies, count visits, understand usage and campaign effectiveness and to tell if an email has been opened and acted upon.
Simply put: We collect different types of information from you including the data you provide, information your Provider provides, and data we track.
USE OF INFORMATION WE COLLECT
We use personal information collected through our Services for purposes described in this Policy or disclosed to you on our Services or in connection with our services. For example, we may use your information to:
- Operate and improve our Website, products, and services;
- Understand you and your preferences to enhance your experience and enjoyment using our Website, products, and services;
- Connect you with a healthcare professional for consultation and treatment;
- Process and deliver contest entries and rewards;
- Respond to your comments and questions and provide customer service;
- Provide and deliver products and services you request;
- Send you related information, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages;
- Communicate with you about new contests, promotions, and rewards, upcoming events, and other news about products and services offered by MD2Rx Technologies and our selected partners;
- Link or combine it with other information we get from third parties to help understand your needs and provide you with better service; and
- Resolve any disputed charges with banks and/or our payment processing partners; and
- Verify your identity and administer your account, including processing your payments and fulfilling your orders.
- Protect, investigate, and deter against fraudulent, unauthorized, or illegal activity.
MD2Rx Technologies may store and process personal information in the United States and other countries.
Simply put: Internally, we use the personal information you provide us to operate the Service and to improve your experience.
SHARING OF PERSONAL INFORMATION
Our Services allow you to connect and share your actions, content, and information on third party websites and services. Please be mindful of your own privacy needs as you choose who to connect with and what to share and make public. We cannot control the privacy or security of information you choose to make public.
We do not share your personal information with third parties other than as follows:
- with your consent, for example, when you agree to our sharing your information with other third parties, such as physicians and other health care providers when you request a consultation or pharmacy services;
- with third party vendors, consultants and other service providers who work for us and need access to your information to do that work;
- in connection with or during negotiation of any merger, financing, acquisition, bankruptcy, dissolution, transaction or proceeding involving sale, transfer, divestiture or disclosure of all or a portion of our business or assets to another company.
We may share aggregated or deidentified information that does not identify any individual about our users.
Simply put: we may disclose information to third parties who help provide the service to you (your physician, our server host, etc.) but we do not sell your information.
SECURITY OF YOUR PERSONAL INFORMATION
MD2Rx Technologies takes reasonable steps to help protect your personal information in an effort to prevent loss, misuse and unauthorized access, disclosure, alteration, and destruction.
YOUR INFORMATION CHOICES AND CHANGES
You may opt out of receiving promotional emails from MD2Rx Technologies by following the instructions in those emails. If you opt out, we will cease to send you any communications. To opt out, either click the “unsubscribe” button at the bottom of the email, or reply to the email with the word “unsubscribe” in the body of the reply email.
You may also send requests about your contact preferences, changes to your information including requests to opt-out of sharing your personal information with third parties by emailing email@example.com.
Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our website.
CHANGES TO THIS POLICY
MD2Rx Technologies may change this Policy from time to time. If we make any changes to this Policy, we will change the “Last Updated” date above.
If you have any questions about this Policy, please contact us at firstname.lastname@example.org.
Thanks again for using MD2Rx Technologies
Last Updated: June 1st, 2019
Note from MD2Rx Technologies: Our goal is to make it as easy as possible to access great skincare from your provider by using our platform. Providing healthcare through technology is called "telehealth." Below we outline the potential benefits and risks of telehealth and ask you to consent to its use as part of your MD2Rx Technologies experience. We believe the benefits outweigh the risks, however we want you to make an informed decision about your care. Please read this form carefully and feel free to reach out to us if you have any questions: email@example.com
In using the MD2Rx Technologies platform, you will be consulting with a licensed healthcare provider ("Provider") solely via the use of "telehealth." Telehealth involves the delivery of healthcare services using electronic communications, information technology or other means between a healthcare provider and a patient who are not in the same physical location. Telehealth may be used for diagnosis, treatment, follow-up and/or patient education, and may include, but is not limited to:
- Electronic transmission of medical records, photo images, personal health information, or other data between a patient and a healthcare provider
- Interactions between a patient and healthcare provider via audio, video, and/or data communications
- Use of output data from medical devices, sound, and video files
Provider(s) using the MD2Rx Technologies platform will be interacting with you solely via use of the MD2Rx Technologies platform. As a result, all of the medical care and treatment you receive from such Providers will be provided via telehealth, and you will not be able to meet with you Provider in the same physical location.
The electronics system used in the MD2Rx Technologies platform will incorporate network and software security protocols to protect the privacy and security of health information and imaging data, and will include measures to safeguard the data to ensure its integrity against intentional or unintentional corruption.
The use of telehealth by Providers through the MD2Rx Technologies platform may have the following benefits:
- Making it easier and more efficient for you to access the medical care for the conditions treated by Providers
- Reducing wait times for diagnosis, treatment, and appropriate prescriptions
- Allowing you to obtain medical care and treatment by Providers at times that are convenient for you
- Avoiding unnecessary travel and allowing you to obtain medical care from the comfort and privacy of your home
- Enabling ongoing care and follow-up communication with your Providers on your terms without travel or missed work or school
While the use of telehealth may provide numerous benefits, there are also potential risks. These risks include, but may not be limited to, the following:
- The information transmitted to your Provider(s) may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical decision-making by the Provider(s)
- The inability of your Provider(s) to conduct certain tests or assess vital signs in-person may in some cases prevent the Provider(s) from providing a diagnosis or treatment or from identifying the need for emergency care
- Your Provider may not be able to provide medical treatment for a particular condition, and you may be required to seek alternative health care or emergency care services
- Delays in medical evaluation or treatment could occur due to unavailability of Providers or the possibility of deficiencies or failures of the technology or electronic equipment used
- In rare instances, security protocols or safeguards could fail, causing a breach of privacy
- Given regulatory requirements in certain jurisdictions, your Provider(s) treatment options, especially pertaining to certain prescriptions, may be limited
- In rare cases, a lack of access to all of your medical records may result in adverse drug interactions or allergic reactions or other judgment errors
BY CONSENTING TO THE FORM, I UNDERSTAND AND AGREE TO THE FOLLOWING:
- All medical care and treatment I receive from Providers using the MD2Rx Technologies platform will be provided using telehealth and my Providers will not be able to provide any medical care and treatment to me without the use of telehealth.
- The delivery of healthcare services via telehealth is an evolving field and the use of telehealth in my medical care and treatment from Providers may include uses of technology not specifically described in this Patient Consent.
- While the use of telehealth may provide potential benefits to me, as with any medical care service (in-person or using telehealth technology) no such benefits or specific results can be guaranteed. My condition may not be cured or improved, and in some cases, may get worse.
- There are certain risks to me in the use of telehealth, including but not limited to the risks described in the Patient Consent.
- I have the right to withhold or withdraw my consent to the use of telehealth at any time by terminating my use of the MD2Rx Technologies platform.
- The use of telehealth involves electronic communication of my personal information to Providers who may be located in other areas, including outside of the state in which I reside.
- It is my duty to provide each Provider providing services on the MD2Rx Technologies platform all information relevant to my medical care, including all information regarding care that I may have received or may be receiving from other healthcare providers outside of the MD2Rx Technologies platform.
- My Provider may determine in his or her sole discretion that my condition is not suitable for treatment using the MD2Rx Technologies platform and that I may need to seek medical care and treatment from a specialist or other healthcare providers outside of the MD2Rx Technologies platform.
- My care at MD2Rx Technologies is limited to the diagnosis and treatment of the Services offered and related disorders and not for the diagnosis or treatment of any other medical or dermatological conditions, including skin cancer. I understand that the Website is not a substitute for the in-person treatment or advice of my local dermatologist, primary care physician, or any other qualified healthcare professional. I understand that I should never delay seeking advice from my local dermatologist, primary care physician, or any other health professionals if advised to do so by my MD2Rx Technologies healthcare Provider, or if I have any concerns.
- I understand that if I have an emergency health issue of any nature, I should call my local emergency medical number or take such other action as I deem necessary.
- I am fully responsible for payment for all services provided by Providers or through the use of the MD2Rx Technologies platform.
BY CONTINUING, I HEREBY:
- Represent that I have read this Patient Consent carefully, and that I understand the benefits and risks of the use of telehealth in the medical care provided to me by Providers using the MD2Rx Technologies platform; and
- Give my informed consent to the use of telehealth by Providers using the MD2Rx Technologies platform under the terms described in this Patient Consent.
Terms Of Service
Last Updated: June 1st, 2019
Please read these Terms of Service (the “Agreement”) carefully. Your use of the Site (as defined below) constitutes your consent to this Agreement.
This agreement is between you and md2rx.com. (“Company”, “us, “we”, or “MD2Rx Technologies”) regarding your use of the MD2Rx Technologies site currently located at md2rx.com (together with any current or future affiliated mobile application, successor site(s), or any services or materials available therein, collectively the “Site” or “Website”). The Site is intended to facilitate the provision of services to registered users. The “Services” may include: telecommunications support for using the Services as a means of direct access to health care providers provided by affiliated professional entities for communication, consultations, assessments, and treatment by such health care organizations and their providers, providing individuals with pharmacy services; administrative support in connection with scheduling, payment for health care provider services, and payment for pharmacy services; and/or providing individuals with information on healthcare and wellness.
BY ESTABLISHING AN ACCOUNT ON THE SITE AND/OR BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO FOLLOW AND BE BOUND BY THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE WEBSITE OR THE SERVICES. THE TERM “YOU” OR “USER” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, THAT ESTABLISHES AN ACCOUNT ON OR USES THE SERVICES.
Additional Terms and Amendments.
In order to participate in or receive certain Services, you may be required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate or that you choose to receive, those additional terms are hereby incorporated into this Agreement. To the extent there is a conflict between the terms in this Agreement and the terms and conditions posted for a specific area of the Website or in connection with a Service, the latter shall have precedence with respect to your use of that area of the Website or Service.
Changes to the Agreement.
We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Website. Your use of the Website following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed.
Availability and Jurisdiction.
MD2Rx Technologies isn’t for everyone. The Services are only available to residents of the United States, and you hereby represent and warrant that you are a resident of the United States. Likewise, certain Services are currently only available to individuals located in certain states (“Operational States”). For the current list of Operational States, please visit our FAQ’s. To qualify for the Services, you must be located in one of the Operational States, depending on the type of Services.
BY USING THE WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT OR, IF YOU ARE NOT, THAT YOU HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, MINORS UNDER THIRTEEN (13) YEARS OLD ARE NOT PERMITTED TO ACCESS OR USE THE WEBSITE OR TO ENTER INTO THIS AGREEMENT, EVEN IF A PARENT OR LEGAL GUARDIAN WOULD BE WILLING TO PROVIDE CONSENT. A parent or legal guardian of an individual under the age of eighteen (18) may prohibit such individual’s use of the Website. If you are the parent or legal guardian of an individual under the age of eighteen (18) and believe that such individual has used the Website without your consent or authorization, please contact us at firstname.lastname@example.org. We have the right to terminate your Account without warning or notice to you if we have reason to believe that you are in breach of these representations and/or if any Registration Information (as defined below) is false or inaccurate.
General Representations and Warranties of User:
- You understand that the tele-dermatology services and any prescription products made available through the Website are provided by affiliated professional entities and pharmacies, respectively, rather than by Company and that Company is not itself a healthcare provider. The decision to focus on diagnosis, treatment recommendations, or both, rests with you and the health care provider. You understand that by coordinating and in certain cases consulting with an affiliated health care provider through the Services, you are not entering into a provider-patient relationship with MD2Rx Technologies
- You understand that the Website is not a substitute for the in-person treatment or advice of your local dermatologist, primary physician, or any other qualified healthcare professional.
- You understand that the website facilitates dermatology consultations limited to the diagnosis and treatment of acne, rosacea, hypotrichosis (eyelash thinning), androgenic alopecia (male pattern baldness), and skin aging, and not for any other medical or dermatological condition, including skin cancer.
- You understand that you should never delay seeking advice from your dermatologist, primary care physician, or any other health professionals due to any diagnosis, advice, or other information provided (or the omission of any such information) by MD2Rx Technologies, the Website or the Products, or a healthcare provider through MD2Rx Technologies, the Website or Products.
- You understand that the Website is not to be used in connection with medical emergencies. If you are experiencing a medical crisis, please call 9-1-1 or contact your local emergency assistance services immediately. If you are not feeling well, please contact your primary care physician.
- All information you provide to MD2Rx Technologies is true, accurate, current, and complete, and you agree to maintain and promptly update such information to keep it true, accurate, current, and complete, as long as you are using the Website. If we have reasonable grounds to suspect such information is not true, accurate, current, or complete, we may deny or terminate your access to the Website (or any portion thereof) in our sole direction, subject to compliance with any notice or waiting period provided by applicable law.
1. User Account
- 1.1 Creating Your Account. Prior to receiving and in order to receive a Consultation, you must create a User account (an “Account”) by registering through the Services, providing us with true, accurate, and complete information as requested on the registration form (your “Registration Information”), accepting this Agreement, and signing the Authorization for the Use and Disclosure of Health Information (the “Authorization Form”). You will promptly update all Registration Information to keep it true, accurate, and complete. Should we suspect that any Registration Information you provide is not true, accurate, or complete, we have the right to suspend or terminate your use of the Services. When you register, we will ask you to provide a username and password. You agree to keep your password confidential. You agree to notify us immediately of any unauthorized use of your user name or password or if you believe that your password is no longer confidential. You will be responsible for any activities that occur under your Account until you terminate your Account in accordance with Section 3 We reserve the right to require you to alter your user name and/or password if we believe that your Account is no longer secure. You will not: (a) create an Account for anyone other than yourself or your child; (b) create or use more than one Account at any given time; (c) transfer your Account to anyone else; (d) permit anyone else to use your Account; or (e) use or access any other person’s Account.
- 1.2 Account Use Restrictions. The Services are for the personal use of Users only and Users may not use them in connection with any commercial endeavors. You represent and warrant that you will use the Services solely for your own personal benefit and that you will not resell or distribute the Services. You will not use any information obtained from the Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without that User’s prior explicit consent. You will not: (i) interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services; or (ii) introduce software or automated agents to the Services so as to produce multiple Accounts, generate automated messages, or to strip or mine data from the Services. You will not attempt to impersonate another User or person, including, without limitation, any employee of MD2Rx Technologies. At all times, you will use the Services in a manner consistent with any and all applicable laws and regulations.
- 1.3 Ordering Services. Prior to receiving a Consultation, you must sign the Authorization Form, and each time you order a Consultation you must provide payment for the Consultation as described in Section 4. To order a Consultation, you must be at least 18 years of age or the applicable age of majority in your jurisdiction. In the event that you are between the age of 13 and 18, your parent or guardian will need to provide a valid e-signature. By placing an order for a Consultation, you represent and warrant that you are at least 18 years of age or the applicable age of majority in your jurisdiction and are ordering a Consultation either for yourself or on behalf of a minor at least 13 years of age as a lawful parent or guardian. Upon completion of your Registration Information, MD2Rx Technologies will automatically assign a Dermatologist to you who is licensed to practice within your state and will send you a confirmation by e-mail indicating that your order has been placed and identifying the Dermatologist assigned to you. Prior to placing your order, you may elect to change this Dermatologist to another Dermatologist licensed to practice in your state.
- 1.4 Term. This Agreement shall remain in full force and effect while you use the Services or have an Account. You may delete your Account at any time, for any reason within the “My Account” tab inside of your patient profile or by contacting email@example.com. MD2Rx Technologies may terminate your Account for any reason, effective upon sending notice to you at the then-current e-mail address in your Registration Information. Even after any termination, Sections 5 through 16 of this Agreement will remain in effect. You understand that MD2Rx Technologies reserves the right to delete any of your Registration Information or Content (as defined below) upon termination of this Agreement and/or your Account, but may retain any Registration Information or Content for archival purposes or as required by law. MD2Rx Technologies will not have any liability whatsoever to you for any termination of your Account or related deletion of your information.
- 2.1 Payment terms. You agree to pay all fees due for services requested. You will see a prompt for your payment details, such as your credit card information and any promotional codes you may have. By entering your payment information and submitting your request, you authorize us, our affiliates, or our third-party payment processors to charge the amount due. You understand and agree that you are responsible for all fees due to receive health care services and pharmacy services, including any fees charged by the health care organization(s) or provider(s). Your payments to MD2Rx Technologies may include fees charged by health care organization(s) or provider(s) for health care services and/or pharmacy services, which MD2Rx Technologies collects on their behalf. Any health care services or pharmacy services not made available through the Services are not included in the payments collected by MD2Rx Technologies and you may be separately charged by the applicable health care providers for such services. In the event that your credit card expires or MD2Rx Technologies, our affiliates, or our third-party payment processors are unable to process your payment, you may receive notice for you to provide an alternative payment method. MD2Rx Technologies and/or the health care organization(s) and/or provider(s) have no obligation to provide any health care services or pharmacy services unless and until full payment has been received and/or verified.
- 2.2 Order acceptance policy. Your receipt of an electronic order confirmation merely confirms our receipt of your order and does not signify MD2Rx Technologies’s acceptance of your order. Your order will be deemed accepted when your assigned Dermatologist provides you with your Consultation. In the event that your assigned Dermatologist cannot provide you with a Consultation for any reason, MD2Rx Technologies reserves the right at any time after receipt of your order to decline your order. In the event that MD2Rx Technologies declines your order, MD2Rx Technologies will return your payment using the same payment method designated by you on your order.
- 2.3 Monthly subscription, renewals, and cancellation policy. If you purchase a subscription offering on MD2Rx Technologies, your subscription will automatically renew on each monthly anniversary date of the subscription (or bi-monthly anniversary date, depending on the subscription selections you make). By submitting payment demonstrating your consent for automatic monthly renewal of your subscription, MD2Rx Technologies will charge your Payment Method with the applicable subscription fee and any shipping and handling costs and sales or similar taxes that may be imposed on your subscription fee payments.
- 2.3.1 Canceling your subscription. You may cancel your subscription at any time by logging into your account page on www.MD2Rx Technologies.com and sending a message to MD2Rx Technologies support from within your account or email firstname.lastname@example.org. Cancellation requests submitted must be received at least two full calendar day prior to your next shipping date to avoid being charged for that shipment. Cancellation requests received after that shall take effect the following month. If you cancel your subscription, you will enjoy your subscription benefits until the end of the then-current subscription term, and your subscription benefits will expire at the end of the then-current subscription term for which you have paid. You will not be eligible for a prorated refund of any portion of the subscription fees paid for any unused days of the then-current subscription term.
- 2.3.2 Pausing and resuming shipping. MD2Rx Technologies offers paying subscribers the ability to temporarily pause their subscription (“Pause Period”). During the Pause Period, subscribers will remain active, but they will not receive any products. A subscriber may be placed on a Pause Period from a one to a six month period at their discretion. During the Pause Period, members will remain active, continue to receive communications from MD2Rx Technologies via email, but will not be charged any maintenance or membership fee. Subscribers who are in a Paused Period may resume receiving products by logging into their account and Resuming shipping either immediately or on their bill date. You may email any questions about the Pause Period to email@example.com.
3. Content and Proprietary Rights.
Your Content. For purposes of this Agreement, “Content” means any and all postings, messages, text, files, images, photos, video, works of authorship, or other material. MD2Rx Technologies does not claim ownership in any Content that you originate and publish, display, submit, upload or otherwise transfer (“post”) to the Service, including Content that you submit using the Services in connection with any Consultation. You hereby grant to MD2Rx Technologies a non-exclusive, worldwide, irrevocable, perpetual, fully-paid and royalty free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to reproduce, modify, publicly display, publicly perform, prepare derivative works of, transmit, and distribute Content for the purpose of (a) providing you with the Services and (b) creating, using, and disclosing de-identified and/or aggregated data from Your Content. You represent and warrant that: (i) you own or otherwise have the right to grant the license set forth in this section for the Content that you post on the Service and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person or entity. You are solely responsible for any and all Content that is posted by or through your Account on any Service.
- 3.1 User Guidelines. MD2Rx Technologies reserves the right (but is not obligated) to investigate and to take appropriate legal action in its sole discretion for any violation of this provision or this Agreement or any conduct that is offensive, illegal, or violates the rights of, harms, or threatens the safety of, other Users or third parties, including removing such content from the Services, notifying the appropriate authorities, barring violators from accessing the Services, and terminating the Accounts of such violators. Without limiting the foregoing, you agree that you will not post any Prohibited Content. “Prohibited Content” includes Content that: (i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) bullies, harasses, or advocates stalking, bullying, or harassment, of another person; (iii) involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing, or “spamming,”; (iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) promotes, reproduces, performs or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright or trade secret law; (vi) is involved in the exploitation of persons under the age of 13 in a sexual or violent manner, or solicits personal information from anyone under 13; (vii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses and other harmful code; (viii) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users; (ix) except as expressly approved by MD2Rx Technologies, involves commercial activities and/or promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes; (x) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; (xi) violates any applicable law, including, but not limited to export laws; or (xii) otherwise violates this Agreement or creates liability for MD2Rx Technologies.
- 3.2 MD2Rx Technologies Content. The Services contains Content owned and/or developed by or on behalf of MD2Rx Technologies and its licensors (“MD2Rx Technologies Content”). MD2Rx Technologies and its licensors (including Users) own and retain all proprietary rights in the MD2Rx Technologies Content and the Services. You shall not reproduce, distribute, publicly perform (including by means of digital audio transmission), publicly display, create derivative works of, and otherwise use the MD2Rx Technologies Content. MD2Rx Technologies hereby grants you a limited, revocable, non-sublicensable license to reproduce and publicly display the MD2Rx Technologies Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services.
4. MD2Rx EXPRESSLY DISCLAIMS,
AND YOU EXPRESSLY RELEASE MD2Rx FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY DAMAGES, SUITS, CLAIMS AND/OR CONTROVERSIES THAT HAVE ARISEN OR MAY ARISE FROM AND/OR IN ANY WAY RELATE TO ANY ACTS OR OMISSIONS OF DERMATOLOGISTS AND/OR USERS ON OR OFF THE WEBSITE OR IN CONNECTION WITH THE SERVICES, INCLUDING WITHOUT LIMITATION THE PROVISION OF ANY SERVICES BY ANY DERMATOLOGIST.
5. Copyright Policy.
Upon prompt notification to MD2Rx Technologies by a copyright owner or a copyright owner’s legal agent, it is MD2Rx Technologies’s policy to terminate the Account of any User who repeatedly infringes third party copyright rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent (using the contact information listed below) with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the location on the Service of the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for MD2Rx Technologies’s Copyright Agent for notice of claims of copyright infringement is as follows:
MD2Rx Technologies Attn: Copyright Agent __________________________________
6. Third party links and websites.
7. Electronic communications.
Communication between you and MD2Rx Technologies will be affected through electronic means, including, without limitation, through the Website, e-mails, and/or SMS. For contractual purposes, you (a) consent to receive communications from MD2Rx Technologies in any of these electronic forms; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that MD2Rx Technologies provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. The foregoing does not affect your statutory rights.
8. No Warranty.
TO THE EXTENT LEGALLY PERMITTED UNDER THE APPLICABLE LAWS, (A) THE SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE, (B) MD2Rx EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Limitation on Liability.
TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, MD2Rx SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF MD2Rx HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MD2Rx’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO ANY CAUSE OF ACTION WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED TO THE GREATER OF FIFTY U.S. DOLLARS ($50), OR THE AMOUNTS YOU PAID TO MD2Rx IN THE SIX (6) MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE MD2Rx’S LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF MD2Rx OR EMPLOYEES, OR FOR DEATH OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You hereby release MD2Rx Technologies, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interaction with any other User and/or with any Dermatologist.
This Agreement is effective until terminated. You may deactivate your Account at any time, for any reason, by sending an email to firstname.lastname@example.org. Company may terminate or suspend your use of the Website at any time and without prior notice, for any or no reason, including if Company believes that you have violated or acted inconsistently with the letter or spirit of this Agreement or if any amounts due by you to Company are past due. Upon any such termination or suspension, your right to use the Website will immediately cease, and Company may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. Your medical records will be retained by Company for a period of five (5) years, unless a longer period is required by state or federal law, after which they may be destroyed. If you are younger than twenty three (23) years old on the date the records may potentially be destroyed, your records will be kept until you reach the age of 23, or longer if required by state or federal law. Sections 2–6, 8–11 and 13–25 shall survive any expiration or termination of this Agreement. Any termination or discontinuance of the Website pursuant to the provisions set forth in this section shall be subject to compliance with any notice or waiting period provided by applicable law.
The terms of this Agreement are governed by the laws of the United States (including federal arbitration law) and the State of California, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND COMPANY, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT COMPANY AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. EXCEPT AS PROVIDED BELOW REGARDING THE CLASS ACTION WAIVER, SUCH DISPUTES INCLUDE, WITHOUT LIMITATION, DISPUTES ARISING OUT OF OR RELATING TO INTERPRETATION OR APPLICATION OF THIS ARBITRATION PROVISION, INCLUDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE ARBITRATION PROVISION OR ANY PORTION OF THE ARBITRATION PROVISION. ALL SUCH MATTERS SHALL BE DECIDED BY AN ARBITRATOR AND NOT BY A COURT OR JUDGE.
- YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
- The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/aaa/ShowProperty?nodeId=/UCM/ADRSTAGE2021425&revision=latestreleased. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
13. Requests and complaints.
If you have a question or complaint regarding the Website, please send an e-mail to email@example.com. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.
This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company.
16. Copyright and trademarks.
Copyright © 2019, MD2Rx Technologies. Certain names, logos, and other materials displayed in and through the Sites may constitute trademarks, trade names, service marks or logos (“Marks”) of MD2Rx Technologies or its affiliates. You are not authorized to use any such Marks without the express written permission of MD2Rx Technologies. Ownership of all such Marks and the goodwill associated therewith remains with us or our affiliates.
17. No Professional Advice.
All information, materials, content and/or advice on the Website or provided through the Services is for informational purposes only and is not intended to replace or substitute for any professional, financial, medical, legal or other advice. MD2Rx Technologies expressly disclaims, and You expressly release MD2Rx Technologies from, any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. You should consult with an appropriately trained specialist for all concerns that require professional or medical advice.
This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and Company relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Company relating to such subject matter. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. The failure of MD2Rx Technologies to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement at firstname.lastname@example.org.
HIPAA Compliance Patient Protection