1. Introduction. Fast Doc Now (“FDN”, “we”, “us”, or “our”) operates the website located at www.fastdocnow.com, other related websites and mobile applications (collectively, the “Site”). Through these sites, we operate various online services that enable members (“you”, “your”, “user”, “users” or “Members”) to receive telehealth services from healthcare providers (“Services”), such as Medical Doctors, Doctors of Osteopathy, Physician Assistants, and Nurse Practitioners (“Providers”), located in the U.S. By accessing the Site or Services, you expressly agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you should immediately cease all use of and access to the Site and Services. Please retain a copy of these Terms and Conditions for your records.
2. Services Provided. FDN offers an online communication platform connecting Providers with Members seeking medical consultation, diagnosis, and treatment. However, IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY. FDN’s Site and Services are not for medical emergencies or urgent situations. If you believe you have an emergency, call 9-1-1 immediately. You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification. FDN is not an insurer and does not accept insurance as payment for service. FDN services are not insurance products and the amounts you pay to FDN are not insurance premiums. If you have health insurance benefits, you agree to waive the use of such health insurance benefits by your use of the Site or Services, except for laboratory testing and medical imaging, if these services are covered by your insurer.
3. Risks of Telehealth Services. By using the Services, you acknowledge the potential risks associated with telehealth services. These include but are not limited to the following: information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or health care decision making by the Provider; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of privacy of your health information.
4. Prescription Policy. FDN does not endorse any specific medication, pharmacy, or pharmacologic product. When a provider prescribes a medication, as determined using his or her discretion and professional judgment, the supply will be limited based upon state regulations. FDN does not prescribe DEA controlled substances, scheduled medications, or certain other drugs which may be harmful due to their potential for abuse. FDN reserves the right to deny care based on actual or suspected misuse or abuse of the Site or Services. Once you receive a prescription for a medication, you may transmit that prescription to the pharmacy of your choice. If you do not have a preferred pharmacy, FDN may make a recommendation. However, this recommendation is not an endorsement or guarantee of any services or products provided by such pharmacy. You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. You agree to fully and carefully read all provided product information and labels included with any prescribed medication and to contact a physician or pharmacist if you have any questions regarding the prescription, label, product information, or precautions or any other questions regarding the use or side effects of any prescriptions.
5. Availability of Services. FDN operates subject to state and federal regulations, and the Services may not be available in your state. You represent that you are not a person barred from enrolling for and/or receiving the Services under the laws of the United States or any another applicable jurisdiction. Services are not available to users located outside the United States. With respect to any jurisdictions where the Site or Services are illegal, use is unauthorized and strictly prohibited.
6. Revisions. FDN may in its sole discretion, without prior notice to you, revise these Terms and Conditions at any time. Should these Terms and Conditions change materially, FDN will update the Effective Date noted above and post a notice regarding the updated Terms and Conditions on the Site. Amended Terms and Conditions will be effective as of the Effective Date, unless otherwise stated. By accessing or using the Site after such changes are posted, you agree and consent to all such changes. The amended Terms and Conditions will also appear when you access the Site and you must acknowledge your agreement to the amended Terms and Conditions prior to accessing the Site. If you do not agree to the amended Terms and Conditions, your sole and exclusive remedy is to discontinue your use of the Site and you will be deemed to have terminated these Terms and Conditions.
7. Access. You may access and use the Site via remote access connectivity that FDN grants you in accordance with these Terms and Conditions. In order to use the Site, you will be asked to register an account and create login information, including without limitation, username and passwords. You must safeguard your login information that you use to access the Site and Services. Further, you must not disclose this information to anyone. You must immediately notify FDN of any unauthorized use of your user account or of any other breach of security that you become aware of involving and relating to the Site or Services by email to email@example.com.
8. Representations and Warranties. By registering on the Site, you represent and warrant the following: (i) you are at least eighteen (18) years of age, (ii) you have the legal ability and authority to enter into these Terms and Conditions with FDN, (iii) the information you have provided to FDN in your registration is accurate and complete, (iv) you will comply with any and all laws applicable to your use of the Site, (v) you will not interfere with a third party’s use and enjoyment of the Site (vi) you will not interfere with or disrupt FDN’s or its vendors’ security measures, (vii) if any information you provide to FDN becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify FDN, (viii) you acknowledge that access to the Services provided through the Site are not “insured services” under any provincial health plans, and (ix) you are accessing the Site for yourself or a child under the age of eighteen, for whom you are the legal guardian.
9. Termination. If you violate these Terms and Conditions, your ability to use the Site may be terminated. FDN may, in its sole discretion, terminate your access to the Site, or any portion thereof, for any reason whatsoever without prior notice. These actions are in addition to any other right or remedy FDN may have available at law. Further, FDN shall not be liable to you or any third party for any such termination or discontinuance. You may terminate these Terms and Conditions by ceasing to access and use the Site. Upon any termination of these Terms and Conditions you must immediately cease use of the Site. To the extent permitted by applicable law, the disclaimers, limitations on liability, termination and your warranties and indemnities shall survive any termination of these Terms and Conditions.
10. Prohibited Uses. While using the Site, Member agrees not to engage in the following conduct: (i) Send or otherwise transmit to or through the Site, any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to the Site or computers of any kind, and any unsolicited advertising, solicitation or promotional materials; (ii) Misrepresent your identity or affiliation in any way; (iii) Restrict or inhibit any person from using the Site, disclose personal information obtained from the Site, or collect information about users of the Site; (iv) Reverse engineer, disassemble or decompile any section or technology on the Site, or attempt to gain unauthorized access to the Site, to other users’ accounts, names, personally identifiable information or other information, or to other computers or websites connected or linked to the Site, launch or use any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access the Site in a manner that sends more request messages to FDN servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser; send or otherwise transmit to or through the Site chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising goods and services; post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment; violate any applicable laws or regulations in any way; alter or modify any part of the content or services offered on or through the Site; allow any other person to use the Site with your registration or login information; breach or otherwise circumvent FDN’s security or authentication measures; and assist or permit any persons in engaging in any of the activities described above.
11. Intellectual Property. FDN is the sole and exclusive owner of the Site, including any and all copyright, patent, trademark, trade secret and other ownership and intellectual property rights, in and to the Site and any related materials and documentation. No title or ownership of the Site or any portion thereof is transferred to you hereunder. FDN reserves all rights not expressly granted hereunder. You agree not to change or delete any copyright or proprietary notice related to materials downloaded from the Site. If you submit, upload, post or transmit any health information, conditions, problems, symptoms, medical history, consent forms, agreements, comments, suggestions, information, files, images, ideas, or other materials to FDN or our Site (“User Information”), you agree not to provide any User Information that (1) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to FDN that you have the legal right and authorization to provide all User Information to FDN for use as set forth herein and required by FDN. FDN may de-identify your information such that it is no longer considered protected health information or personally identifiable information. FDN may disclose, aggregate, sell, or otherwise use such de-identified information to third parties for analytics, research, or other purposes. You agree not to (i) access the Site or use the Services in any unlawful way or for any unlawful purpose; (ii) post or transmit (a) a message under a false name, or (b) any information which is (1) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (2) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services, personal information, software, equipment, servers, to facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site or the Services; (v) use robots or scripts with the Site; (vi) attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site; (vii) to have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) incorrectly identify the sender of any message transmitted to FDN. You may not alter the attribution or origin of electronic mail, messages, or posting; (ix) harvest or collect personal information about any other individual who uses the Site or the Services; (x) 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. You agree to defend, indemnify, and hold harmless FDN and its Providers from and against all third-party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by us arising out of any user information that you upload to or transmit through the Site.
12. Online Payments. You may purchase Services on the Site via checking accounts, credit cards and debit cards (“payment methods”) issued by U.S. banks. For credit card transactions, FDN may obtain preapproval for an amount up to the amount of the payment. If you register a payment method for automatic recurring payments to FDN, all charges and fees will be billed to that payment method. If you want to update or change your payment method, you must log in to the Site to update or change your payment method information, which may temporarily delay your ability to make online payments while your new payment method is verified. You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your financial institution, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person to whom the relevant payment method was issued and that you are authorized to make a purchase or other transaction with the relevant payment method. Additionally, Members who subscribe to the FDN Monthly Subscription service shall be billed automatically, via the payment method designated by Member, each month until the Member cancels the Monthly Subscription within the Site. Additional fees associated with the Monthly Subscription service shall also be billed to the payment method designated by Member.
13. Disclaimer. The Site is provided on an “as is” and “as available” basis and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, FDN disclaims all representations, warranties, and conditions, express or implied, including, but not limited to, implied condition or warranties of merchantability and fitness for a particular purpose. FDN does not warrant that the Site will be uninterrupted or error-free, that defects will be corrected or that the Site or the server that makes it available are free of viruses or other harmful components. FDN makes no guarantees, and disclaims any implied warranty or representation about its accuracy, relevance, timeliness, completeness, or appropriateness of any content posted on the Site for a particular purpose. FDN assumes no liability arising from or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
14. Jurisdiction. These Terms and Conditions are governed by the laws of the State of Texas. The parties irrevocably submit to the exclusive jurisdiction of the courts of the State of Texas, County of Dallas, with respect to all matters and disputes arising hereunder, and waive any defense of lack of personal jurisdiction in that jurisdiction. These Terms and Conditions are not governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
16. Waiver. No delay or omission by FDN to exercise any right or power it has under these Terms and Conditions or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by FDN must be in writing and signed by an authorized representative of FDN.
17. Entire Agreement. These Terms and Conditions constitute the entire agreement between you and FDN as it relates to the access to, and use of, the Site and the subject matter of these Terms and Conditions and supersede all prior or contemporaneous agreements, negotiations, representations and proposals, written or oral between FDN and you.
18. Assignment. These Terms and Conditions are personal to you, and are not assignable, transferable, or sublicensable by you except with FDN’s prior written consent. FDN may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
19. Dispute Resolution; Arbitration Agreement. FDN will make a good faith attempt to resolve any issue you have with FDN or the Site, including Services ordered or purchased through the Site, after receiving written notice of such issues from Member. However, in the rare instant that the parties are unable to resolve an issue to a Member’s satisfaction, Member and FDN agree that any dispute, claim or controversy arising out of or relating in any way to these Terms and Conditions or your use of the Site, including Services ordered or purchased through the Site, shall be determined by binding arbitration. You further agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and FDN are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and Conditions and any other contractual relationship between you and FDN.