PLEASE READ THESE TERMS OF USE CAREFULLY
Services Provided.
Text2MD™ provides a technology platform and infrastructure to connect individuals with participating physicians (the “Physicians”) in communication via text messaging, video or phone for the purpose of participating in a health care consultation. Text2MD™ also provides other types of administrative services and information (“Services”). Text2MD™ does not interfere with the practice of medicine or other licensed profession by Providers. All of the participating Providers have independently contracted to be in the network operated by physician groups, and are solely responsible for their services and compliance with any requirements applicable to his or her professional license. Text2MD™ does not provide any physicians’ or other Providers’ services itself, and neither Text2MD™ nor any third parties who promote its services shall be liable for any professional advice you obtain from a Provider via the Text2MD™ Services.
Use of This Site and the Services – NOT FOR EMERGENCIES
Text2MD™’s Site and Services are NOT FOR use for medical EMERGENCIES or urgent situations. You should not disregard or delay to seek medical advice based on anything that appears on Text2MD™’s Site. IF YOU THINK YOU HAVE ANY EMERGENCY, CALL 911, IMMEDIATELY!
Your interaction with the Providers through the Service is not intended to replace your relationship with your existing primary care physician. Text2MD™ is not an insurance product nor a prescription fulfillment warehouse. The Providers reserve the right to deny care for actual or potential misuse of the Services. The Services do not include the provision of medical care by Text2MD™. Rather, the Text2MD™ Services enable access to Providers who have agreed to provide patient care to Customers using Text2MD™’s Services. These Terms of Use apply to your use of the Site and to your registration for, subscription to, and use of the Text2MD™ Services.
Prescription Policy.
Providers may prescribe medications when medically indicated in their sole professional judgment, however, due to varying state laws, prescriptions may not be available in your state. Text2MD™ is not a drug fulfillment warehouse. In the event that a Provider does prescribe a medication, he/she will comply with all applicable federal and state laws and will only prescribe a medication as determined appropriate in his/her sole discretion and professional judgment. Text2MD™ does not guarantee that a provider will issue a prescription.
NOTE: Prescriptions for DEA controlled substances or scheduled medications, non-therapeutic drugs and certain other drugs which may be harmful because of their potential for abuse are not available via the Text2MD™ platform.
You agree that any prescriptions that you acquire from a Provider shall be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription.
Informed Consent
A. Telemedicine is the delivery of health care services using interactive audio and/or video technology, where the patient and Provider are not in the same physical location. During your telemedicine consultation with a Provider details of your medical or health history and personal health information may be discussed through the use of interactive audio, video, and/or other telecommunications technology, and the Provider may perform a physical exam through these technologies. Depending on your medical or health history and/or specific complaint, you may be asked to provide information through other electronic means, and verify your identity with a driver’s license or other legal document.
B. The telemedicine services you receive from Providers are not intended to replace a primary care physician relationship or be your permanent medical home. You should seek emergency help or follow-up care when recommended by a Provider or when otherwise needed, and continue to consult with your primary care physician and other health care professionals as recommended. We may make arrangements for follow-up care either through the Provider, a health systems partner, or other health care providers. If the transmission fails during your telemedicine consultation with a physician, then a member of our customer support team will contact you to help you get reconnected. You will have direct access to customer support services to follow-up on medication reactions, side effects, or other adverse events. Among the benefits of Text2MD™’s Service is improved access to health care professionals and convenience. However, there are potentials risks associated with the use of telemedicine. These risks include, but may not be limited to:
In some instances the information transmitted may be of insufficient quality to allow for appropriate medical or health care decision making by the Provider (i.e., poor resolution images, etc.);
Delays in evaluation or treatment could occur due to failure of the electronic equipment;
In some instances a lack of access to all of your medical records may result in adverse drug reactions or allergic reactions or other judgment errors;
Although the electronic systems we use will incorporate networks and software security protocols to protect the privacy and security of health information, in some instances, security protocols may fail and cause a breach of privacy and/or personal health information.
C. By accepting these terms of use you acknowledge that you understand and agree with the following:
You understand that you may expect the anticipated benefits from the use of telemedicine in your care, but that no results can be guaranteed or assured;
You understand that the laws that protect the privacy and security of health information apply to telemedicine and you have received Text2MD™’s privacy practices which describe these protections in more detail;
You understand that you are fully responsible for payment; and
You understand your Provider, in his or her sole discretion and professional judgment, may determine that telemedicine services are not appropriate for some or all of your treatment needs and, accordingly, may elect not to provide telemedicine services to you through the Text2MD™ platform.
Account Enrollment, Eligibility and Security.
In order to access the Site and Services, you represent and warrant that you are of legal age to sign a binding contract and possess the legal right and ability, on behalf of yourself or a minor child of whom you are a parent or legal guardian, to agree to these Terms of Use, register for the Services under your own name and to use the Services in accordance with this Terms of Use and abide by the obligations hereunder. You agree to fully, completely, accurately and truthfully create your Text2MD™ Account, including, but not limited to, your name, mailing address, phone number, email and password. Your user name and password are personal to you and you are solely responsible for maintaining their confidentiality, and for all activities that occur under such user name and password. You agree to prohibit anyone else from using your user name and password, and you agree to immediately notify Text2MD™ Support@text2MD.com of any actual or suspected unauthorized use of your Text2MD™ Account or other security concerns of which you become aware.
To permit you to access Text2MD™ Services on behalf of a minor child of whom you are a parent or legal guardian, you may establish a dependents under your name. Any such subaccount is subject to these Terms of Use and the Notice or Privacy Policy.
In order to determine your compliance with these Terms of Use we reserve the right, but not the obligation, to monitor your access to and the use of the site and the Services. Text2MD™ may, in its sole discretion, refuse to provide the Services to you due to your noncompliance with these Terms of Use or any other actual or potential misuse of your account or the Services. We recommend that you do not access your account or the Services from a public computer. In no event and under no circumstances shall we be liable to you for any damages arising out of the use of the Text2MD™ Site, Text2MD™ Services, your account information, or the release of your account information to third parties. Text2MD™ recommends that you do not store your account password through your web browser or other software.
Fraud Prevention and Security.
Text2MD™ may contact you by mail or email to verify your Account information. We may request further information from you and you agree to provide such further information to ensure you have not fraudulently created your Account. If you do not provide this information in the manner requested within 14 days of the request, Text2MD™ reserves the right to suspend, discontinue or deny your access to and use of the Site and Services, until the information is provided by Customer as requested.
Modification to Terms of Use.
Text2MD™ reserves the right to modify the Terms of Use periodically, for any reason, and without notice. The most current version of these Terms of Use can be accessed at any time by selecting the Terms of Use link on the bottom of the Site. Please review the Terms of Use often so you will be apprised of any changes made. Any such revision or change will be binding and effective immediately on posting of the revised Terms of Use or change to the Service(s) on our web site. Unless we expressly note otherwise, these terms supersede any other terms associated with the Services. Your continued use of the Text2MD™ Site and/or Services constitutes an acknowledgment of such changes and agreement to be bound by the revised Terms of Use inclusive of such changes.
Information Provided by You.
As part of the signing up process, you are required to provide us certain personal and medical information. Additionally, it is your responsibility to update Text2MD™ as promptly as possible with changes to your personal and/or medical information so that all records are current, complete and accurate. At any given time, you may be notified at the email address provided by you to Text2MD™ that information may be available for your review that is considered time-sensitive, including but not limited to, medical information, diagnosis, and lab results. Please keep this in mind when determining which e-mail address you offer as a contact point. You are obligated to provide us the following information:
Changes in e-mail address
Change of address
Change of phone number
Change of ownership of account
Change of credit card number
Change of banking information
Change of credit card expiration date
Change of health insurance information
Electronic Medical Record.
Your Text2MD™ Electronic Medical Record (“EMR”) is created for you to enter, store and access your personal health information online, including medical history, current health conditions, symptoms, complaints, allergies and medications, and for your Provider to record the results of his or her medical encounters with you in accordance with his or her obligations under applicable state and federal law with regard to creating and maintaining your record. Any information provided as part of a video and/or telephone consultation becomes part of your Text2MD™ EMR. You agree to provide accurate, current and complete information about yourself for your Text2MD™ EMR, to periodically review and to update such information as needed to keep it accurate, current and complete. For additional information regarding use of your EMR, please see our Privacy Policy. It is your responsibility to confirm any third party information, or information regarding a minor child of whom you are a parent or legal guardian, in your EMR. Text2MD™ is not responsible for maintaining data arising from use of the Services. Subject to retention and destruction requirements imposed by law, Text2MD™ reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Text2MD Service pursuant to its internal record retention and/or destruction policies. Please note that it is solely your physician’s obligation to use and disclose the information included in your EMR in accordance with applicable state and federal law, including, without limitation, obtaining any consents or authorizations that may be required for your information to be shared with other health care providers. However, by requesting a consultation through Text2MD™’s Site, you agree to disclose the contents of your complete EMR to the provider who will conduct your consultation.
Limitations on Use.
You agree that you will not use the Site or Services in any unlawful way and/or for any unlawful purpose. You will not post or transmit a message under a false name, or use the network resources of Text2MD™ to impersonate another person or misrepresent authorization to act on behalf of others. All messages transmitted via Text2MD should correctly identify the sender. You may not alter the attribution of origin in electronic mail messages or posting. You will not allow another person or entity to use your account, username or password to access or use the Services, or post or view comments. You will not attempt to undermine the security or integrity of computing systems or networks of Text2MD™, its Partners, or those accessed through or with their product, and must not attempt to gain unauthorized access. You may not harvest or collect PHI about any other individual who uses the Service. You may not post or transmit any data, materials, content or information which is threatening, false, misleading, abusive, libelous, pornographic or profane, or that contains or promotes any virus, worm, Trojan horse, time bomb or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services. You may not tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security or proper function of the Site or the Services. You will not use robots or scripts with the Site. You will not attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code, or information on or received by this Site. You agree to have anti-virus and/or anti-spyware software running that is set to override the Internet browser’s cookie setting.
You further agree that any information you provide or use on the Site, and your use of the Site or Services will not infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties.
Operational Functionality.
Text2MD™ reserves complete and sole discretion with respect to the operation of the Text2MD™ Services. Text2MD™ may, among other things withdraw, suspend or discontinue any functionality or feature of the Services. We are not responsible for transmission errors or corruption or compromise of information carried over local or interchange telecommunications carriers. Other than as required by applicable law, Text2MD™ is not responsible for maintaining information arising from use of the Site or in respect of the Services.
Intellectual Property.
With the exception of your EMR, Text2MD™ retains all right, title and interest in and to Text2MD™, the Site, the Services and any Information, products, documentation, software or other materials on the Site, and any patent, copyright, trade secret, trademark, service mark or other intellectual property or proprietary right in any of the foregoing, except for information on the Site licensed to Text2MD™ in which the licensor retains all right, title and interest. The information available through the Site and the Services is the property of Text2MD™, or if licensed by Text2MD™, the licensor.
You agree that you will not store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse engineer, reverse assemble, or otherwise attempt to discover any programming code or any source code used in or with the Services. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Services (which includes its software and documentation), create derivative works based on or in any manner commercially exploit the Services, in whole or in part. You agree that violations by you, or any other person or entity, of these copyrights, trade secrets, patents, other intellectual property protections, or the terms of the Terms of Use will be prosecuted to the fullest extent of the Law in the federal and state courts located in North Carolina. Whether a violation of any policies or Terms of Use has occurred is at the sole discretion of Text2MD™. Nothing contained on the Site should be construed as granting, by implication, estoppels, waiver or otherwise, any license or right to use any trademarks, service marks or logos displayed on the Site without the written grant thereof by Text2MD™ or the third party owner of such trademarks, service marks and logos. The Site may contain other proprietary notices and copyright information, the terms of which you must and agree to follow.
International Use.
The Services are designed for and intended for users in the United States. Text2MD™ makes no representation that the information and services provided on the Site or through the Services are applicable to, appropriate for, or available outside the United States or in all territories within the United States. Accessing the Services from territories where the content is illegal is prohibited.
Legal Notices and Disclaimers.
General Disclaimers. YOU ACKNOWLEDGE THAT YOUR USE OF THE Text2MD™ SERVICES IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. ALL INFORMATION, PRODUCTS OR SERVICES CONTAINED ON OR PROVIDED THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW T2T AND ITS SHAREHOLDERS, AFFILIATES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES OR OTHER REPRESENTATIVES (COLLECTIVELY, “AFFILIATES”) HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS STRAINS. WITHOUT LIMITING THE FOREGOING, Text2MD™ AND ITS AFFILIATES MAKE NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE PRODUCTS AND SERVICES PROVIDED HEREUNDER. T2T MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT: THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS; OR ANY TREATMENT, ACTION OR APPLICATION OR PREPARATION OF MEDICATION BASED ON INFORMATION OFFERED OR PROVIDED THROUGH THE SERVICES.
Medical Disclaimers. Text2MD™ makes no representation or warranty as to the content of any treatment response from any Provider. Providers are independent contractors and not employees of Text2MD™. You and your physician are solely responsible for all information and/or communication sent during a video and/or telephone consultation or other communication. Text2MD™ does not guarantee that a video and/or telephone consultation is the appropriate course of treatment for your particular health care problem. Furthermore, telemedicine is not a substitute for your primary care physician. You agree to contact your physician immediately should your condition change or your symptoms worsen. If you require urgent care, you should contact your local emergency services immediately. You acknowledge and agree that Text2MD does not provide medical advice, diagnosis, or treatment, but strictly provides a technology platform and infrastructure for connecting patients with independent third party network providers.
Content Disclaimers. No information found on this Site should be relied on as professional medical advice. Nothing contained in this Site should be construed, directly or indirectly, as the practice of medicine or providing medical services by Text2MD™. The information and Services provided on or through this Site are intended solely as general educational material and provide a mechanism to find and connect to a Provider who, subject to his or her professional responsibilities, may or may not provide you with medical care. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition, and before starting, stopping or modifying any treatment or medication. Never delay obtaining medical advice or disregard medical advice because of something you have or have not read on this Site. Text2MD™ makes no warranties or representations as to the accuracy of the information provided on the Site, and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information and material on the Site. You assume the entire risk of loss in using the Site and information contained in the Site.
Service Reliability and Warranties.
Text2MD™ makes no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, 100% secure, or error free, or that defects, if any, will be corrected, including loss of data resulting from delays, and any service interruption caused by Text2MD™ employees. Text2MD™ is not responsible for transmission errors or corruption or compromise of data carried over local or interchange telecommunication carriers.
Text2MD™ will take commercially reasonable precautions to protect against failure of our equipment and software. The Customer acknowledges and agrees that temporary interruptions in service may occur, and that Text2MD™ shall have no liability for any claim, cost, charge, loss or expense arising from or relating to use of the Services. The Customer acknowledges and agrees that data may be lost or corrupted in connection with use of the Services. Text2MD™ may perform regular back-ups of all data stored, but shall have no liability to Customer in the event all data is lost or destroyed. Customer acknowledges and agrees that in the event restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of the Services.
To the Fullest extent permitted by law, text2md DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESSED OR IMPLIED, regarding any information or other material displayed on this website, whether authored by text2md or others; and the operation of this website, including any warranty of merchantability and/or fitness for a particular purpose.
Text2md makes no representation or warranty as to the reliability, accuracy, timeliness, usefulness, adequacy or suitability of the information contained in this website and does not represent and/or warrant against human or machine error, omissions, delays, interruptions or losses, including the loss of any data.
By submitting your account information, you authorize Text2MD to electronically debit and credit your account on a recurring basis as set forth in your membership agreement or as displayed to you during the enrollment process. You understand you can contact Text2MD to revoke this authorization at any time.
I authorize Text2MD to send email or text which may include unencrypted protected health information
Providing us with authorization to email and text you will allow Text2MD to exchange information with you more efficiently and will benefit you as a member. At the same time, we recognize that email and text messaging are not a completely secure means of communication.
You are not required to authorize the use of email and text messages and a decision to not authorize electronic communication will not affect your health care in any way.
We have taken considerable effort to protect the personal health information of our members, and recommend that all members provide us with this authorization so that we can more efficiently communicate with them.
