DO NOT USE THIS WEBSITE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.
THE PLATFORM AND/OR CONTENT OF THIS WEBSITE ARE NOT DESIGNED, INTENDED OR APPROPRIATE TO ADDRESS SERIOUS, EMERGENCY, OR LIFE THREATENING MEDICAL CONDITIONS AND SHOULD NOT EVER BE USED IN THOSE CIRCUMSTANCES.
Welcome to the SmartDocMD services platform (the “Platform”), which is owned and operated by AlgoDoc LLC, an Ohio limited liability company whose mailing address is P.O. Box 38, Peninsula, Ohio 44264. For purposes of this Agreement, AlgoDoc LLC doing business as SmartDocMD shall hereafter be referred to as “SmartDocMD”.
SmartDocMD offers a web-based platform for interaction between health care consumers and health care providers through telemedicine. Telemedicine involves the use of electronic communications to enable health care providers at sites remote from patients to provide services. Providers may include primary care practitioners, specialists, and/or subspecialists. The information may be used for diagnosis, treatment and follow-up care.
Once it is determined that you are eligible for a telemedicine encounter with a Treating Provider, a Treating Provider will contact you by text message or email to initiate your diagnosis and treatment, as appropriate.
TERMS AND CONDITIONS OF USE
Important Information About Your Use of the Platform
DO NOT USE THIS WEBSITE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.
THE PLATFORM AND/OR CONTENT OF THIS WEBSITE ARE NOT DESIGNED, INTENDED OR APPROPRIATE TO ADDRESS SERIOUS, EMERGENCY, OR LIFE THREATENING MEDICAL CONDITIONS AND SHOULD NOT BE USED IN THOSE CIRCUMSTANCES.
We offer the Platform to enable eligible health care consumers to engage healthcare providers (the “Treating Providers”) to obtain medical and healthcare services. You acknowledge and agree that SmartDocMD does not provide medical advice, diagnosis or treatment, and is strictly a technology platform and infrastructure for connecting prospective patients with independent third party Treating Providers, including physicians and other Treating Providers in the SmartDocMD network. You acknowledge and agree that the Treating Providers using the Platform are solely responsible for and will have complete authority, responsibility, supervision and control over the provision of all medical services performed, and that all diagnoses, treatments, or other professional health care services will be provided and performed exclusively by or under the supervision of Treating Providers, in their sole discretion, as they deem appropriate.
You will have the opportunity to participate in a SmartDocMD Online Patient Interview. Based on the results of the SmartDocMD Online Patient Interview, you may be referred to a Treating Provider who will contact you electronically for diagnosis and treatment. You are ultimately responsible for choosing your particular healthcare provider and/or whether to accept diagnosis and treatment from a Treating Provider.
SmartDocMD will determine your eligibility for a telemedicine encounter with a Treating Provider. If you are eligible, SmartDocMD will notify Treating Providers by text message or email, and a Treating Provider will contact you by text message or email to initiate diagnosis and treatment, if appropriate.
Representation on California Residency/Notice
I hereby certify that I am physically in the State of California, and agree to only interact with a Treating Provider while I am present in this state. I acknowledge that my ability to access and use these services is conditioned upon the truthfulness of the certifications I make at the time of accessing a Treating Provider and that any Treating Provider I interact or communicate with, by whatever means, is relying upon this certification in order to interact and communicate with me.
NOTICE FOR PATIENTS IN CALIFORNIA: This Platform and the services made available through this website are provided by AlgoDoc LLC, an Ohio limited liability company doing business as SmartDocMD.
Minimum Age Requirement
I hereby certify that I am at least 18 years of age and am qualified under the laws of my state to make medical decisions on my own behalf. I acknowledge that my ability to access and use the SmartDocMD Platform and website content is conditioned upon the truthfulness of my certification of age.
Website Content is not Medical Advice
The content on the website should not be considered medical advice. You should always talk to an appropriately qualified health care professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. The content on this website is general in nature and not necessarily specific to you or your circumstances. By publication of the content on this website, SmartDocMD does not represent or warrant that any particular medication or treatment is safe, appropriate, or effective for you. Nor does SmartDocMD recommend, prescribe or endorse any specific tests, providers, medications, products or procedures for you.
YOU ACKNOWLEDGE THAT YOUR RELIANCE ON ANY TREATING PROVIDER OR INFORMATION PROVIDED BY THE PLATFORM AND/OR ON THIS WEBSITE IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED WITH USE OF THE PLATFORM OR THIS WEBSITE.
Benefits and Risks of Telemedicine
Telemedicine offers convenience and improved access to health care services through patient access to health care services from their home or place of work. This improved access to care results in more efficient and timely diagnosis and management of the patient’s condition or symptoms. Through use of the SmartDocMD Platform, a telemedicine encounter may also achieve cost savings.
There are possible risks associated with telemedicine, which include, but are not necessarily limited to, the following. Electronic failure, network failure or failure of hardware and equipment can cause delay or cessation of evaluation or treatment. The provision of incomplete information by the patient could affect diagnosis and treatment. Lack of access to complete medical records could result in adverse drug interactions or other negative outcomes. Data security measures could fail, causing a breach of privacy of protected health information.
Account Registration/Demographic Survey
To access the Platform, you must set up an individual user account (“Account”) by providing certain information via our SmartDocMD Demographic Survey. You are not permitted to create an Account if you are under the age of eighteen (18). You agree that you will not create more than one Account. You acknowledge that you are obligated to update your Account each time you use the Platform, and that you are obligated to maintain your Account so that it contains information that is accurate, complete and up-to-date. Failure to maintain accurate and up-to-date information or otherwise abide by the terms and conditions of this paragraph shall constitute a breach of this Agreement, and shall be the basis for termination of this Agreement or your Account, in the sole and absolute discretion of SmartDocMD.
Security/Protected Health Information and HIPAA
SmartDocMD will maintain the security of your personal information and any protected health information. SmartDocMD is a Business Associate of health care professionals under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), which mandates the protection of your individually identifiable information known, under the provisions of that law, as “Protected Health Information.”
The SmartDocMD Platform can only be accessed by the input of usernames and passwords. You must protect your individual username and password and hold your username and password in strict confidence. You are not permitted to share your username or password with any third party or allow another person to use or access the Platform using your username and password. We recommend that your password contain both capitalized and un-capitalized letters as well as numerals and other characters, and we further recommend that your password be unique to the SmartDocMD website. You should change your password if you believe that your username or password has been compromised or misused in any way. The Platform allows you to re-set or change your password if the need to do so should arise. You are fully and solely responsible for any and all access and use of the Platform by means of your username and password. SmartDocMD reserves the right to revoke, block or discontinue your username and password at any time.
SMARTDOCMD MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE REGARIDNG THE SECURITY OF ANY TEXT MESSAGE OR EMAIL SENT TO OR FROM ANY PARTY AS PART OF ITS PLATFORM.
SmartDocMD will obtain express consent prior to sharing any patient-identifiable information to a third party for purposes other than treatment, payment or health care operations. In addition, by clicking the “AGREE” icon you are authorizing a Treating Provider to release your contact information to SmartDocMD solely in order for SmartDocMD to provide you with marketing materials promoting the Platform. You may opt out of receiving such marketing materials by contacting us at email@example.com.
Notice of Privacy Practices
You agree not to access or use the Platform in an unlawful way or for any illegal purpose or in any manner that violates this Agreement or is otherwise unacceptable to SmartDocMD, in the sole and absolute discretion and judgment of SmartDocMD. You shall not attempt to disrupt the operation of the Platform by any method, including any form of cyberattack or through use of viruses, spamming, worms, time bombs, or any other form of electronic disruption or cyberattack. You are prohibited from any unauthorized access to any user accounts or computer systems or networks. You shall not use any scraper, robot or other means to access this website or the Platform to mine for information and data or for any purpose.
SmartDocMD shall have sole and absolute control and discretion with respect to the operation of the Platform, or any aspect thereof. SmartDocMD may, among other things, in its sole and absolute discretion, delete, suspend or discontinue any content, use or application of the website. Subject to applicable law, SmartDocMD reserves the right to store, delete or destroy all communications and materials posted or uploaded to the Platform pursuant to its internal record retention and/or destruction policies.
Subject to the terms of this Agreement, SmartDocMD hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the software, network facilities, content and documentation on and in the Platform to the extent, and only to the extent, necessary to access and use the Platform. The use or misuse of the Platform, except as provided in this Platform User Agreement, is strictly prohibited.
Any reproduction, retransmission, redistribution, sale, use, rebroadcast, publication or other dissemination, by whatever means or manner, of the content of this website or the Platform shall constitute a violation of this Agreement and is strictly prohibited. All of the content available on or through the Service is the property of SmartDocMD and is protected by copyright, trademark, trade secret and other intellectual property law. All AlgoDoc LLC trade and service names, including, but not limited to “SmartDocMD®”, are trademarks of AlgoDoc LLC, and any unauthorized use thereof is strictly prohibited.
Any reproduction, reverse engineering, disassembling, retransmission in any form or by any means (including, but not limited to, electrical, mechanical, photographic, copying, recordation or otherwise), transcription, redistribution, storage in a retrieval system, translation into a computer language or other language, or sale of the Platform or any portion thereof shall be a violation of the terms and conditions of this Agreement and is strictly prohibited. You agree that the license granted to you herein does not permit any of the foregoing. If any term or condition of this Platform User Agreement is violated, you are prohibited from using this website or the Platform, the limited license granted herein is terminated effective immediately, and you agree that all SmartDocMD materials or content in your possession must be immediately destroyed.
This website and the Platform may be used only for your personal, non-commercial use.
SmartDocMD will not be liable for any information, software, or links found at any other website, internet location, or source of information, nor for your use of such information, software or links, nor for the acts or omissions of any such websites or their respective owners or operators.
YOU HEREBY RELEASE AND HOLD SMARTDOCMD HARMLESS FROM ANY AND ALL CLAIMS, CAUSES OF ACTION, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, INCLUDING, BUT NOT LIMITED TO, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL, KNOWN AND UNKNOWN, REALIZED AND UNREALIZED, FORESEEN AND UNFORESEEN, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE WEBSITE AND/OR THE PLATFORM, WHETHER ARISING IN TORT, MAPLPRACTICE, BREACH OF CONTRACT, A THEORY OF STRICT LIABILITY, NEGLIGENCE, ON ANY THEORY OF AGENCY, OR OTHERWISE. YOU HEREBY WAIVE THE PROVISIONS OF ANY APPLICABLE LAW LIMITING OR PROHIBITING THIS GENERAL RELEASE.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, SMARTDOCMD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, OPERABILITY, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, SYSTEM INTEGRATION, FITNESS FOR A PARTICULAR USE OR PURPOSE OR NON-INFRINGEMENT.
YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE PLATFORM OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE PLATFORM CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME OR PASSWORD. SMARTDOCMD CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET, OR FOR YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE PLATFORM.
THIS WEBSITE, THE CONTENTS OF THIS WEBSITE, AND THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SMARTDOCMD DOES NOT REPRESENT OR WARRANT THAT THE OPERATIONS OR SERVICES PROVIDED BY THE WEBSITE OR THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR FREE FROM MALWARE, VIRUSES OR OTHER MALICIOUS CODE.
No Duty of Care
YOU ACKNOWLEDGE AND AGREE THAT SMARTDOCMD IS NOT ENGAGED IN THE PRACTICE OF MEDICINE. SMARTDOCMD DISCLAIMS ANY DUTY OF CARE. YOU EXPRESSLY AGREE THAT SMARTDOCMD OWES YOU NO DUTY OF CARE AND THAT YOUR USE OF THE WEBSITE AND/OR THE PLATFORM AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK. SMARTDOCMD EXPRESSLY DISCLAIMS ANY LIABILITY FOR MEDICAL MALPRACTICE OR ANY CLAIM ARISING OUT OF THE USE OF THIS WEBSITE OR THE PLATFORM, OR ANY CLAIM ARISING OUT OF ANY CARE RENDERED BY A TREATING PROVIDER AS A RESULT THEREOF. SMARTDOCMD EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ACT OR OMISSION OF ANY TREATING PROVIDER.
Limitations on Liability
YOU ACKNOWLEDGE AND AGREE THAT SMARTDOCMD WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE OR THE PLATFORM, AND/OR ARISING UNDER ANY LAW OR THEORY, EVEN IF SMARTDOCMD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE. UNDER NO CIRCUMSTANCES SHALL SMARTDOCMD BE LIABLE IN ANY WAY FOR YOUR USE OF THE WEBSITE AND THE PLATFORM OR ANY OF ITS CONTENT.
FOR PURPOSES OF THIS AGREEMENT, ANY RELEASE, DISCLAIMER, LIMITATION ON LIABILITY, WAIVER AND/OR INDEMNIFICATION SHALL BE APPLICABLE TO ALGODOC LLC, DOING BUSINESS AS SMARTDOCMD AND REFERRED TO HEREIN AS “SMARTDOCMD”.
You acknowledge and agree that you are personally responsible for your use of any content of this website, your use of the Platform, and your behavior on this website or Platform. You agree, as a condition of use of this website and the Platform, to indemnify, hold harmless, and defend SmartDocMD and its parents, subsidiaries, affiliates, licensors, suppliers and their officers, directors, affiliates, subcontractors, agents and employees (collectively, “Indemnified Parties” and each, individually, an “Indemnified Party”) against all costs, expenses, liabilities, claims, causes of action and damages (including reasonable attorney’s fees) incurred by any Indemnified Party in connection with any third party claims arising out of your failure to comply with any applicable laws and regulations and/or your breach of any of the terms, conditions or obligations set forth in this Agreement. You shall not settle any such claim without the written consent of the applicable Indemnified Party. Nothing herein shall be construed to otherwise limit any other provision of this Agreement.
SmartDocMD may terminate this Agreement at any time in its sole and absolute discretion. SmartDocMD may block, discontinue or prevent your access to the Platform or this website (either by disabling your username and password or by any other means) at any time in its sole and absolute discretion, for any reason or for no reason. SmartDocMD shall have no obligation at any time to do any of the foregoing.
Informed Consent for Telemedicine Services Performed by a Treating Provide
Patient Consent to the Use of Telemedicine
I understand that this authorization to bill my credit card will remain in effect until I cancel it in writing, and I agree to notify SmartDocMD in writing of any changes in my credit card account information. I certify that I am an authorized user of this credit card/bank account and will not dispute these scheduled transactions with my bank or credit card company.
Miscellaneous/Choice of Law
A printed version of this Agreement and of any related notice given in electronic form shall be admissible in arbitration, judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Electronic Contracting/Consent to Notices/Informed Consent
By clicking the “AGREE” icon you acknowledge that you are consenting to receiving care via the Platform. The scope of care will be at the sole discretion of the Treating Provider who is treating you, with no guarantee of diagnosis, treatment, or prescription. The Treating Provider will determine whether or not the condition being diagnosed and/or treated is appropriate for a telemedicine encounter via the Platform.
To use this website and the Platform you must agree to be bound by all of the terms and conditions of this Agreement. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT CLICK THE “AGREE” ICON AND DO NOT USE THE PLATFORM.
You should print a copy of this Agreement for your records. SmartDocMD reserves the exclusive right to change or modify this Agreement and/or any of its terms and conditions from time to time, in SmartDocMd’s sole and absolute discretion. It is your responsibility to review this Agreement each time you use the Platform.