These Terms of Use ("Terms") and our Privacy Policy set forth the terms and conditions governing your use of the Doxy.Me telemedicine service (the "Service"). The service is offered by Bay Area Mobile Clinic (the "Facility"). The Terms and Privacy Policy together form a legal contract between you and Facility, governing your access to and use of the Service. Please read the Terms and Privacy Policy carefully before using the Service. BY PROCEEDING WITH THIS SERVICE, YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT TO THESE TERMS OF USE AND THE PRIVACY POLICY JUST AS YOU WOULD BY SIGNING A PAPER CONTRACT. If you do not agree with and accept these Terms of Use and the Privacy Policy, do not use the Service.
 

DO NOT USE THIS SITE FOR EMERGENCY MEDICAL NEEDS. If you experience a medical emergency, call 911 immediately.

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Definition

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“Telemedicine or Telehealth” means the delivery of health care services such as diagnosis, consultation, or treatment through the use of live interactive audio and video over a secure connection that complies with the requirements of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191.

 

Your Location

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You hereby certify that you are physically located in the state of Florida. You acknowledge that your ability to access and use the Service is conditioned upon the truthfulness of this certification and that the providers you access are relying upon this certification in order to interact with you. In the event that your certification is inaccurate, you agree to indemnify Facility and the providers you interact with from any resulting damages, costs or claims as set forth in the Indemnification Section below.

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DISCLAIMERS

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FACILITY DOES NOT WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.
YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE SERVICE OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICE CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME OR PASSWORD. FACILITY 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, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE SERVICE.

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Termination

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Facility may suspend or terminate your access to the Service at any time, for any reason or for no reason at all. Facility has the right (but not the obligation) to refuse to provide access to the Service to any person, agency or organization at any time, for any reason or for no reason at all, in our sole discretion. Facility reserves the right to change, suspend, or discontinue all or part of the Service, temporarily or permanently, without prior notice.

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Notice of Privacy Practices

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Pursuant to Health Insurance Portability and Accountability Act of 1996 (HIPAA), you acknowledge that you have received a copy of the Facility's Notice of Privacy Practices. You hereby consent to disclosure of your protected information, including information generated through use of telehealth services. This will include all of your protected health information generated during the provision of Services, including but not limited to treatment for mental health, drug and alcohol abuse, communicable diseases such as HIV/AIDS, developmental disabilities, genetic testing, and other types of treatment received according to the notice of privacy practices.

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Informed Consent

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Possible Risks of Telehealth:

As with any medical procedure, there are potential risks associated with the use of telehealth. Facility believes that the likelihood of these risks materializing is very low. These risks may include, without limitation, the following:

-Delays in medical evaluation and consultation or treatment may occur due to deficiencies or failures of the equipment which may include poor video and data quality.
-Security protocols could fail, causing a breach of privacy of personal medical information.
-Lack of access to complete medical records may result in adverse drug interactions or allergic reactions or other negative outcomes.
 

By accepting these Terms of Use, you acknowledge that you understand and agree with the following:
-You understand that the laws that protect privacy and the confidentiality of medical information also apply to telehealth. A link is provided below to the Facility Notice of Privacy Practices.
-You understand that telehealth may involve electronic communication of your personal medical information to medical practitioners who may be located in other areas, including out of state.
-You understand that you may expect the anticipated benefits from the use of telehealth, but that no results can be guaranteed or assured.
-You understand that all information will be part of your medical record and available to you by printing the summary from the visit. This information will have the same restrictions on dissemination without your consent.

Except to the extent already relied upon, you understand you may withdraw your consent at any time by emailing info@bayareamobileclinic.com to withdraw your consent.
-You understand that your healthcare information may be shared with other individuals for treatment, payment and healthcare operations purposes. 

-You further understand that your healthcare information may be shared in the following circumstances:

*When a valid court order is issued for medical records.
*Reporting suspected abuse or neglect.
*Preventing or reducing a serious threat to anyone's health or safety.

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Patient Consent to the Use of TeleHealth

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I HAVE READ AND UNDERSTAND THE INFORMATION PROVIDED ABOVE, AND UNDERSTAND THE RISKS AND BENEFITS OF TELEHEALTH, AND BY ACCEPTING THESE TERMS OF USE I HEREBY GIVE MY INFORMED CONSENT TO PARTICIPATE IN A TELEHEALTH VISIT UNDER THE TERMS DESCRIBED HEREIN. BY CONTINUING YOU ARE CONSENTING TO RECEIVING CARE VIA THE SERVICE. THE SCOPE OF CARE WILL BE AT THE SOLE DISCRETION OF THE HEALTHCARE PROVIDER WHO IS TREATING YOU, WITH NO GUARANTEE OF DIAGNOSIS, TREATMENT, OR PRESCRIPTION. THE HEALTHCARE PROVIDER WILL DETERMINE WHETHER OR NOT THE CONDITION BEING DIAGNOSED AND/OR TREATED IS APPROPRIATE FOR A TELEHEALTH ENCOUNTER VIA THE SERVICE.

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Modification of These Terms

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You are responsible for regularly reviewing these Terms. Facility has the right, but not the obligation, to correct any errors or omissions in any portion of the Site, the Service and these Terms. Facility reserves the right, at its sole discretion, to change, modify, add, remove or terminate any portion of the Site, the Service and these Terms, in whole or in part, at any time, without prior notice. All changes to these Terms are effective immediately upon being posted to the Site. YOUR CONTINUED USE OF THE SITE OR SERVICE FOLLOWING ANY CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THESE CHANGES.

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Providing Correct Personal Information. In the course of using the Service, you may be required to enter certain information, including without limitation personal information (collectively, "Information"). You represent and warrant that you will provide Facility with full, true and correct Information, and to update such Information promptly as reasonably necessary and as required by the Service.

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Indemnification

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You will indemnify, defend (or settle) and hold harmless Facility Entities from all claims, actions, proceedings, losses, settlements, judgments, liabilities, suits, damages, disputes or demands, including without limitation any proceeding, investigation or claim by a self-regulatory organization, state or federal securities agency or commission, and including reasonable attorneys fees and all other costs, fees, and expenses (collectively, "Claims") against any of Facility Entities to the fullest extent permitted by law arising out of or in connection with (1) your conduct, provision of content or use of the Site, or such actions by any third party through you, (2) your violation of the rights of another person or party, (3) any Materials provided or made available by you, and (4) any breach or violation by you of your obligations under these Terms, including without limitation any breach of your representations and warranties herein. You will not settle any indemnified claim without the prior written consent of Facility, such consent not to be unreasonably withheld. In connection with any Claims that may give rise to your indemnification obligations as set forth above, Facility Entities shall have the exclusive right, at their option, to defend, compromise and/or settle the suit, action or proceeding, and you shall be bound by the determination of any suit, action or proceeding so defended or any compromise or settlement so effected. The remedies provided in this Section are not exclusive of and do not limit any other remedies that may be available to Facility Entities pursuant to this Section.

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Dispute Resolution (ARBITRATION CLAUSE).

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Binding Arbitration. You and Facility each agree to submit to binding arbitration in the event of a dispute, controversy or claim (each, a "Dispute") arising out of or in connection with these Terms or the breach, termination, enforcement, interpretation or validity thereof (including the determination of the scope or applicability of these Terms to arbitrate), your or Facility's rights and obligations under these Terms, the Site, the use of the Site, and/or the information, services and/or products that may be provided by or through or in connection with the Site. The arbitration will be held in the State of Florida before one arbitrator on an individual basis and not as a class action. You expressly waive any right you may have to arbitrate a dispute as a class action. You also expressly waive your right to a jury trial. You and Facility shall agree on one arbitrator to conduct the arbitration. In the event the parties cannot agree on an arbitrator, the arbitrator will be selected. Each party shall be responsible for its own attorney, expert and other fees, unless such fees are awarded by the arbitrator to the prevailing party. 

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Arbitration Final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state law concerning arbitration, governs all arbitration under this clause. Any court having jurisdiction may enter judgment on the arbitrator's award. If any part of this clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. Notwithstanding anything to the contrary contained herein, if the waiver of class action rights contained herein is not enforceable as to any person or persons, such non-enforceability shall apply to such person or persons only, and all other persons shall continue to be governed by the Arbitration Clause.

Giving Up Right of Class Action. These Terms provides that all Disputes will be resolved by binding arbitration and not in court or by jury trial. IF A DISPUTE IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST FACILITY ENTITIES INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. WITHOUT LIMITATION, THIS INCLUDES GIVING UP YOUR RIGHTS TO BRING OR PARTICIPATE IN A CLASS ACTION AS SET FORTH IN ANY STATE STATUTE.

Choice of Law; Jurisdiction and Venue; Waiver of Jury Trial. To the maximum extent permitted by law, these Terms are governed by the laws of the United States of America and the State of Florida, excluding any law or conflicts of law principle that would apply the law of another jurisdiction. To the extent a Dispute is not governed by the Arbitration Clause, you hereby consent to the exclusive jurisdiction and venue of courts in Pasco County, Florida in all disputes arising out of or relating to the use of the Site or under these Terms; provided, however, that in the event Facility is sued or joined by a third party in any other court or in any other forum in respect of any matter which may give rise to a claim by Facility hereunder, you consent to the jurisdiction of such court or forum over any claim which may be asserted by Facility therein. You irrevocably consent to the exercise of personal jurisdiction by such courts in any such action. In addition, and notwithstanding the foregoing, you irrevocably waive, to the fullest extent permitted by law, any objection that you may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in any such court and any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment in any such suit, action or proceeding brought in any such court shall be conclusive and binding upon you and may be enforced in any court in which you are subject to a jurisdiction by a suit upon such judgment. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. To the extent a claim is not governed by the Arbitration Clause, Facility and you each hereby waive the right to a trial by jury in any court and in any suit, action or proceeding, whether in tort, contract, or otherwise, in which any such party is a party, as to any claim arising out of or in connection with these Terms, your or Facility's rights and obligations under these Terms.

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MISCELLANEOUS

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Headings. Section headings and other captions in these Terms are used solely for the convenience of the parties, have no legal or contractual significance, and shall not be used in interpreting, construing or enforcing any of the provisions of these Terms.

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No Waiver. The failure of Facility to enforce any provision of these Terms will not be construed as a waiver or limitation of Facility's right to subsequently enforce and compel strict compliance with that provision or any other provision of these Terms.

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Assignment. No assignment, delegation or other conveyance of these Terms may be made by you (by operation of law or otherwise) without the prior written consent of Facility, to be given in its sole discretion. Facility may assign its rights and obligations hereunder to any other party.

Statute of Limitations. Any cause of action you may have with respect to your use of the Service must be commenced within one year after the claim or cause of action arises; thereafter, any such claim will be forever barred, without regard to any contrary legislation.

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Agreement Binding. In the event that any provision of these Terms is deemed to be unenforceable, said provision will be interpreted to reflect the original intent of the parties in accordance with applicable law, and the remainder of these Terms will continue in full force and effect.

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Entire Agreement; Language of Agreement. These Terms and Privacy Policy supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Facility with respect to the Service. Any rights not expressly granted herein are reserved. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that these Terms and all related documents be drawn up in English.