EVERYONES MD ENABLES CONSUMER-INITIATED DIGITAL COORDINATION AND COMMUNICATION WITH LICENSED HEALTH CARE PROVIDERS. THE USE OF EVERYONES MD’S SERVICES DOES NOT REPLACE YOUR EXISTING RELATIONSHIP WITH ANY PHYSICIAN OR OTHER HEALTH CARE PROVIDER. THE SERVICES MIGHT NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. IF YOU HAVE A MEDICAL EMERGENCY, DO NOT USE THIS SERVICE AND IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.
Everyones MD, LLC (“Everyones MD”) and its respective affiliates (collectively, “we ”, “us”, or “our”) own and operate the websites located at www.everyonesmd.com, (collectively, the “Websites,” and collectively with any affiliated mobile application (“App”), the “Sites”). Generally, Everyones MD provides a digital platform through the Sites for connecting and coordinating you to access third-party health care providers employed or contracted with telemedicine, pharmacy, and other health care organizations (“Affiliates”) and not from Everyones MD. The Sites act as a digital platform to facilitate the provision of the Services to registered users. The Services may include: (a) providing individuals with information on health care and wellness (“Content”); (b) providing individuals with access to physicians and other licensed health care professionals; (c) pharmacy fulfillment services; (d) developing and gathering health care records and information with retention of the same for use in health care provider appointments, communications, and pharmacy services; (e) administrative support in connection with scheduling or paying for health care or pharmacy services; and (f) telecommunications support for using the Services as a means of direct access to health care providers and similar affiliated professional entities for communication, consultations, assessments, and treatment by such health care organizations and their providers (collectively, the “Services”).
Certain of our Services are currently only available to registered users residing in certain states. Furthermore, generally, you acknowledge and agree that: (a) all or any part of the Sites may not be accessible at any time, for any period, or for any reason; and (b) Everyones MD will not be liable if for any reason all or any part of the Sites are unavailable at any time or for any period.
You must have compatible computing and/or mobile devices, internet access, and certain necessary software as required to use the Sites. Fees and charges unrelated to the provision of the Services may apply to your use of mobile devices and the internet.
In some cases, a health care provider may use the Services to provide advice or treatment to you. A health care provider consulting with you through the Services may not have the benefit of information that would be obtained by examining you in-person and observing your physical condition. Therefore, the health care provider may not be aware of facts or information that may affect his or her opinion regarding a potential diagnosis or treatment recommendation. To reduce the risk to you of this limitation, Everyones MD strongly encourages you to provide all relevant information and discuss any diagnosis and treatment options with a health care provider. Moreover, a health care provider utilizing Everyones MD may be limited by state law in prescribing certain medications to you without first conducting an in-person physical examination. By deciding to engage the Services, you acknowledge and agree that you are aware of these limitations and agree to assume the risk of these limitations. Furthermore, you acknowledge and agree that: (a) any diagnosis you may receive is limited and, in some cases, provisional; (b) any health care services rendered to you by a health care provider are not intended to replace a full medical evaluation or an in-person visit with a health care provider; and (c) the absence of a physical examination may affect the health care provider’s ability to diagnose any potential condition, disease, or injury. For more information regarding the health care services offered by health care providers utilizing the Services, please visit Support@EveryonesMD.com.
Although certain parts of the Sites are accessible by any individual, you are obligated to register with Everyones MD to access the Services. The Services are available only to users who have registered with Everyones MD and to other persons affiliated with Everyones MD who have been granted accounts with usernames and passwords (“Secure Users”). If you are a Secure User, you agree and are bound to provide information that is accurate, complete and correct, and to accurately maintain and update any information that you have provided to Everyones MD. If you do not maintain such information, or Everyones MD has reasonable grounds to suspect as much, Everyones MD has the right to suspend or terminate your account and your use of the Services. You also agree to immediately notify Everyones MD of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Services by emailing Everyones MD at firstname.lastname@example.org.
We may take all actions deemed necessary or reasonable to maintain the security of the Sites, Services and your Secure User account. You agree to keep confidential your username and password and to exit from your Secure User account at the end of each session. You are responsible for all activities that occur under your account and for maintaining the confidentiality of your password. You are responsible for changing your password promptly if you think it has been compromised. You may not transfer or share your password with anyone or create more than one account. You may not use anyone else’s account at any time. We explicitly disclaim liability for all losses and damages arising from your failure to comply with this Section.
Certain names, logos, and other materials displayed in and through the Sites may constitute trademarks, trade names, service marks or logos (“Marks”) of Everyones MD or Affiliates. You are not authorized to use any such Marks without the express written permission of Everyones MD. Ownership of all such Marks and the goodwill associated therewith remains with us or Affiliates.
Everyones MD reserves the right, at any time and for any reason, to modify, or temporarily or permanently discontinue, the Sites or Services or any portion thereof, with or without notice. You agree that Everyones MD shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Sites or Services.
The Services, or certain features of the Services, may be available only if you pay certain fees (collectively, “Fees”). You agree to pay all Fees due for services requested through or related to the use of the Services. You will provide us with accurate and valid credit card or other digital payment information and update such payment information as necessary. By entering your payment information and submitting your request, you authorize our third-party payment processors to charge the Fees. The Fees may include any charges due for telemedicine or pharmacy services charged by Affiliates or other applicable health care providers, which are separate and distinct from the charges due to Everyones MD. Any telemedicine or pharmacy services not made available through the Services are not included in the Fees by Everyones MD, and you may be separately charged by the applicable health care providers for such services. If your credit card is unable to process the Fees charged, you may receive notice to provide an alternative payment method. Everyones MD, Affiliates, and other applicable health care providers have no obligation to provide any health care or pharmacy services unless and until full payment of the Fees has been received and/or verified.
Everyones MD, Affiliates, and other applicable health care providers not enrolled with, and are not participating providers with, any federal or state healthcare programs (e.g., Medicare, Medicaid) for the provision of any health care or mental health services or products as arising from the use of the Services. As such, neither you, us, Affiliates, or other applicable health care providers may receive payment from such programs for the services or products provided to you by us, Affiliates or other applicable health care providers. Further, to the extent that any Affiliates or other applicable health care providers may be enrolled in federal or state healthcare programs, the means by which any services or products are provided or made accessible through the Services typically will preclude such services and products from being covered benefits under these programs. AS we understand it, neither federal nor state health care programs currently pay for any of the telemedicine or pharmacy services or products made available through the Services by Affiliates or other health care providers, at least not how such services or products are provided (i.e., using telemedicine and bundled treatment offerings). By agreeing to use the Services, you acknowledge and agree that: (a) you are explicitly choosing to obtain services and products on a cash basis outside of any federal or state healthcare program and you have sole financial responsibility for all services or products ordered or provided to you by or through the Services; and (b) neither you nor Everyones MD, Affiliates, or other applicable health care providers will submit a claim for reimbursement to any federal or state health care program for the costs of the services and products provided to you through the Services.
Certain products and services available for purchase through the Services require that you purchase the service and products on an automatically renewing, subscription basis. For subscription-based services and products, your payment information will be automatically charged at regular intervals as described for that service or product during the checkout process. You may cancel a subscription at any time up to forty-eight (48) hours before the applicable renewal processing date of your subscription through the Service or by emailing Support@EveryonesMD.com directly. To simplify your experience with the Services, you will only see and be required to pay a single “total” subscription price as part of the Fees. However, if a subscription service or product you purchase required a consultation with a health care provider, includes a prescription product that you fill through one of the Affiliates and/or includes mental health services, then the total Fees you pay includes the amounts charged by us for access to the Services through our digital platform, and also amounts charged separately by the Affiliate or other applicable health care provider for their delivery of the services and/or products, as applicable.
Certain products available through the Services require a valid prescription ordered by a health care provider. Eligibility and receipt of a prescription product requires completion of a consultation with a health care provider who orders such product for you as appropriate. If so ordered, you will receive information about your options for filling the prescription. The use of the Sites and Services in no way restricts your choice of provider of pharmacy services. You may select your own provider of pharmacy services or you may choose pharmacy services from an Affiliate. If you choose pharmacy services from an Affiliate, you agree and consent to transmit and disclose to the Everyones MD and Affiliates all related information you provide such as health care records and other personal information (such as your name, location and demographic information) so that you may receive the pharmacy services. The Affiliate ships the prescription product to you once the costs associated with the prescription are paid, which are included in the total Fees charged to you through the Services as described in the “Subscription Products” section above. Alternatively, you may fill the prescription at any pharmacy of your choice as prompted during your use of the Services. If you do not choose an Affiliate, the Services will send the prescription to your selected pharmacy via an electronic transmission, but you will be responsible for picking up or otherwise obtaining the prescription product and paying the pharmacy directly for the cost of the prescription product. Some prescriptions are not available through Affiliates or must be filled by a local pharmacy of your choice as prompted during your use of the Services, including prescriptions used for many common primary care conditions. If you choose to receive pharmacy services from an Affiliate to fulfil any prescriptions ordered by health care providers through the Services, you acknowledge that your medication, if approved, will not be shipped in child-resistant packaging and that you must keep it out of the reach of children.
All services or products offered through the Sites or Services by Everyones MD or Affiliates are subject to availability and quantity limits on any request. We and our Affiliates reserve the right to reject all or any part of a request without prior notice. In the event of an error, we reserve the right to correct the error and revise your request accordingly (which includes charging the correct price) or to cancel the request and refund any amount charged. Prices for services and products are subject to change at any time without notice to you. You are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees (“Taxes”) due with respect to your purchase of services or products under the Services. We will collect applicable Taxes if we determine we have a duty to collect Taxes. We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual Taxes charged may be adjusted from the amount shown at checkout. We are not required to, and do not, collect Taxes in all states. You may have a duty to directly report and pay Taxes if we do not collect such Taxes.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES AND SERVICES IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE SITES AND SERVICES ARE PROVIDED THROUGH THE SITES ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. EVERYONES MD AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES AND AGENTS, (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES AND SERVICES INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OR SYSTEM INTEGRATION. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE SITES OR SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER EVERYONES MD NOR RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITES OR SERVICES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF THE SITES AND SERVICES. FURTHERMORE, EVERYONES MD MAKES NO GUARANTEE THAT THE SITES AND SERVICES WILL BE UNINTERRUPTED OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND EVERYONES MD DISCLAIMS ANY LIABILITY RELATING THERETO. YOU UNDERSTAND AND EXPRESSLY AGREE THAT ANY CONTENT, MATERIAL, OR INFORMATION OBTAINED THROUGH THE USE OF THE SITES AND SERVICES ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL, OR INFORMATION.
YOU UNDERSTAND AND EXPRESSLY AGREE THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS SECTION, IN NO EVENT WILL EVERYONES MD OR RELATED PERSONS BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, WARRANTY, STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE SITES, OR ANY SERVICES PROVIDED THROUGH THE SITES, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITES. THIS IS TRUE EVEN IF EVERYONES MD OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. TO THE EXTENT, AS A MATTER OF APPLICABLE LAW, ANY IMPLIED WARRANTY OR LIABILITIES MAY NOT BE DISCLAIMED, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
Everyones MD reserves the right to remove any content or any other material or information available on or through our Sites, at any time, for any reason. Everyones MD otherwise complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. This Section describes the procedure that should be followed to file a notification of alleged copyright infringement with Everyones MD. If you have objections to copyrighted content or material made available on or through our Sites, you may submit a notification to our designated agent at the following address: email@example.com. Any notification to Everyones MD under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed; (b) an identification of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) an identification of the content or material that you claim is infringing and where it is located on our Sites; (d) information sufficient for Everyones MD to contact you, such as your address, telephone number, and/or email address; (e) a statement by you that you have a good-faith belief that the use of the content or material of which you are complaining is not authorized by the copyright owner, its agent, or the law; and (f) a signed statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact Everyones MD at firstname.lastname@example.org.