LiveMD Terms and Conditions
1. Welcome to the LiveMD website. The LiveMD website (the "Site") is comprised of various web pages operated by LiveMD, ("LiveMD",) and is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of our tools, services, and functions (collectively, “our site”) constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. Some transactions between a purchaser of any service or product that we offer may be subject to additional terms and conditions.
MyLiveMD.com and LiveMD owned Websites are owned and operated by LiveMD Corporation.
LiveMD is an E-commerce Site that facilitates a user’s request to locate and communicate with a medical service provider. Users may use the LiveMD tools and services to schedule appointments, and have initial phone call/video call consultations, and receive text messages from medical providers. Users are free to select whichever medical provider they wish to engage and are free to change medical providers at will.
Various medical record storage systems are or may be provided now or in the future, including the digital deposit of recorded conversations between the user and the medical provider as well as digital copies of medical charts and other records. Such records will be under the control of the user and accessible by the user and the related medical provider.
Users will also have the ability to provide feedback on medical providers, which will be available for review by site members.
Please note that we may have written guidelines, policies and rules posted on the LiveMD website, collectively, we refer to these as “The LiveMD Policies.” You must agree to adhere to all LiveMD Policies in order to use our website’s tools, functions, and services to become and remain a member of LiveMD. All LiveMD Policies are incorporated into these Terms as if fully set forth herein.
By registering as a member of LiveMD, and by using any of our tools, services and functions, you agree to allow access of your medical records and personally identifiable information to LiveMD and your designated medical care providers for the purposes of facilitating the services that we provide to you.
Use of This Site and the Services – NOT FOR EMERGENCIES
LiveMD'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 LiveMD’s Site. IF YOU THINK YOU HAVE AN EMERGENCY, GO TO THE HOSPITAL OR CLINIC, IMMEDIATELY!
LiveMD does not provide medical care or medical advice. All medical care and medical advice is exclusively provided by independent Medical Care Providers. LiveMD is an advertising and communication platform only.
Your interaction with the Providers through the Service is not intended to replace your relationship with your existing primary care physician. LiveMD is not an insurance product nor a prescription fulfillment system. LiveMD medical providers reserve the right to deny care for actual or potential misuse of these Services. The Services do not include the provision of medical care by LiveMD. Rather, the Services enable access to Providers who have agreed to provide patient care to Customers using LiveMD’S Services. LiveMD arranges for the provision of care; it does not provide medical care.
Your use of the LiveMD site is subject to the payment of certain fees. Our current Fee Schedule is posted on our website. All fees are subject to change. Additional fees may be added at our sole discretion, particularly when we add new services, but we reserve the right to modify our fee structure in any manner without any prior notice to you.
Users who seek medical services, and who use our various tools, functions and services, shall be subject to fees as set forth in our Fee Schedule that is posted on our website. Fees to patient users are charged in advance.
Patient users may pay for in-person medical consultations in advance of the appointment if they so select to do so.
The patient user must pay for telephone or video consultations with the medical care provider in advance.
LiveMD will provide a user financial account that the patient user may use to store funds to be used to pay for medical services. Both the patient user and any third party designated by the patient user may impound funds into the User Financial Account. The funds in the User Financial Account will be used to pay for those medical services that are purchased by the user; LiveMD shall also deduct related LiveMD fees as necessary.
You understand that Services may not be provided or scheduled consultations cancelled if you do not pay for the services. LiveMD may charge a fee if you fail to attend or cancel an appointment in accordance with any stated cancellation policy.
Medical care providers are subject to fees as set forth in the Medical Care Provider Contract, which is incorporated into these Terms as if fully set forth herein.
Patient Refund Requests: patient users may request a refund if he or she has paid for a scheduled consultation and the Medical Service Provider failed to appear at the scheduled appointment or 30 minutes before or after the scheduled appointment. Such refund requests must be made within five (5) days of the appointment date and must be sent to email@example.com. Upon our receipt of a request for a refund LiveMD shall contact the related medical care provider who will have five (5) days to file a written dispute with LiveMD, which may take the form of a responsive email. LiveMD shall review the refund request and the Medical Care Provider’s response, if one is filed with us, and shall make a decision about the refund. Should our decision be disputed by either party, the related parties are then free to seek redress in a suitable court of law. In the event of such a dispute, all users agree to hold LiveMD harmless and indemnify LiveMD from any related claims, losses, judgments, findings, and awards. LiveMD is not a party to any legal dispute between patient users and Medical Care Providers.
3. Electronic Communications
Visiting our site or sending emails to LiveMD constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
4. Your account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that LiveMD is not responsible for third party access to your account that results from theft or misappropriation of your account. LiveMD and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
If you are under 18, you may use our site only with permission of a parent or guardian.
We do not promise that our site, or any of our products, services, tools or functions will be available 24/7 hours a day. Sometimes our site or functions may be unavailable due to scheduled or unscheduled repairs or other issues that may be outside of our control. You agree to waive any losses that you incur due to any such service outage.
5. Links to third party sites/Third party services
Our site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of LiveMD and LiveMD is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. LiveMD is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by LiveMD of the site or any association with its operators.
6. Third Party Services. All medical services made available via our site are delivered by third party businesses and organizations. By using any product, service or functionality originating from the LiveMD domain, you hereby acknowledge and consent that LiveMD may share such information and data with any third party with whom LiveMD has a contractual relationship to provide the requested product, service or functionality on behalf of the LiveMD site users and customers.
Your membership requires you to submit your valid email address as well as your valid physical address and phone number, as well as your true and correct name. You will be solely responsible for maintaining the security of your user ID and password.
Should you decide to purchase any product or service from us, you must be legally eligible to enter into a binding contract, be of at least 18 years of age, submit only true, complete and accurate personally identifiable information to us, keep such information updated and maintain the accuracy of such information.
Your use of our site must not violate the law in any jurisdiction.
We may, at our sole discretion, limit some areas of the site, as well as certain designated tools, services and functions, to members and maintain them as “off limits” to members of the general public.
Your membership is your express agreement that you agree to receive marketing email from us from time to time that will contain information and offers from third parties. You will be provided an opt-out function regarding such email communications. Note that we must always have the ability to email you regarding standard business issues regarding the administration of our site and business, and you may not opt-out of such non-marketing related business email communications.
Memberships are not transferrable and may not be sold, exchanged, transferred or given away. Your membership is subject to our guidelines, policies and rules as stated on our site and each of the same are hereby incorporated by reference into these Terms as if they were fully set forth herein.
8. Medical Background Qualifications
Medical Care Providers provide their own written statements about their qualifications, education and other information about their general or specific qualifications. LiveMD does not verify such information. However, we do allow our users to post comments about such matters on our website. We are not responsible for any claims made by any Medical Care Provider, including licensing claims, nor are we responsible for any claims made by members of our user population. You must conduct your own due diligence before you consult with any Medical Care Provider that you contact via our service. You agree to hold LiveMD harmless and indemnify LiveMD from any losses, injuries, judgments, awards, costs and attorney’s fees regarding any interaction you have with any Medical Care Provider that you contact via our service.
9. No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of LiveMD or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. LiveMD content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of LiveMD and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of LiveMD or our licensors except as expressly authorized by these Terms.
Unauthorized commercial use of our site or functions is prohibited.
10. International Users
You agree that you will not use the LiveMD Content accessed through or via any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless LiveMD, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. LiveMD reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with LiveMD in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration. The arbitrators’ award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions. Arbitration shall be conducted in Atlanta, Georgia, USA by JAMS (JAMSADR.com) pursuant to the laws of the State of Nevada, United States of America.
13. Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
14. Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LIVEMD, CORPORATION AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
LIVEMD, CORPORATION AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. LIVEMD, CORPORATION AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
15. Termination/access restriction
LiveMD reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, the laws of the State of Nevada, United States of America govern this agreement. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and LiveMD as a result of this agreement or use of the Site. LiveMD's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of LiveMD's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by LiveMD with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and LiveMD with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and LiveMD with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in 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. It is the express wish to the parties that this agreement and all related documents be written in English.
16. Changes to Terms
LiveMD reserves the right, in its sole discretion, to change the Terms under which our site is offered. The most current version of the Terms will supersede all previous versions. LiveMD encourages you to periodically review the Terms to stay informed of our updates. Your usage of the site post any published change in these Terms is your express agreement with LiveMD that you will be bound by each term and condition of the modified Terms.
17. Rules of Conduct
Definition: “intellectual property” means any material that is copyright protected under US law or the law of any nation, as well as any trademark, trade dress, produce, service, text, software, video, graphic or sound file.
You agree that you will not and you will not assist or permit any third party to:
• copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble our intellectual property in any way, or create derivative works
• use our intellectual property or any part of them to create any tool or software product that can be used to create software applications of any nature whatsoever;
• rent, lease, loan, make available to the public, sell or distribute our intellectual property in whole or in part;
• tamper with our site, or functions, tools or services or circumvent any technology that we employ to protect any content accessible through the subscription Service;
• circumvent any territorial restrictions applied to the our products or services or
• use our site or tools, services or functions in a way that violates these Terms
You may not independently provide any of our intellectual property to any third person or entity or use it in any manner not expressly authorized by us.
You may not violate the law of any jurisdiction while using our site, or our tools, services, functions or products.
You agree not to upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with our site or it’s functions. You agree not to interfere with the servers or networks underlying or connected to our site or our services or to violate any of the procedures, policies or regulations of networks connected to our site. You may not access our site or any product, service, tool, or function in an unauthorized manner.
You agree not to impersonate any other person while using our site, conduct yourself in an offensive manner while using our site or use our site for any illegal, immoral or harmful purpose.
Any user-generated content that you provide us is presented to us by you in conjunction with a mandatory, transferrable, royalty free, perpetual license. This includes any text, graphics, sound files, video files and any other content that is now or will be uploaded to us by you now or in the future. You are solely responsible for any legal issues, liability and damages associated with any content that you upload to us, including any violations of intellectual property laws. We are free to edit, censor or remove any user-generated content but you agree that we have no duty to do so.
18. Linking to our Website
You may link to our home page, provided you do so in a way that is, in our sole discretion, appropriate and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other website, nor may you create a link to any part of our Website unless you have written permission to do so from us. We reserve the right to withdraw linking permission with written notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
19. Medical and Legal Disclaimer
No information that you are exposed to in any format as published by LiveMD is intended to be legal or medical advice or any other nature of professional advice. If you require such advice, please seek out the appropriate licensed professional.
20. Prescription Policy
LiveMD is not a drug fulfillment system. LiveMD does not facilitate or take part in the distribution of pharmaceuticals.. In the event that a Provider does prescribe a medication, he/she will limit the supply based on state or federal regulations and will only prescribe a medication, as determined appropriate in his/her sole discretion and professional judgment. LiveMD does not guarantee that a prescription will be written or that any prescription written by a participating physician is appropriate for you or free of defects or risk of harm.. Note:LiveMD Providers do not prescribe DEA controlled substances or scheduled medications, non-therapeutic drugs and certain other drugs which may be harmful because of their potential for abuse.
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.
21. Fraud Prevention and Security
LiveMD may contact you by telephone, mail or email to verify your LiveMD Account information. LiveMD 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, LiveMD 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 to LiveMD as requested.
We are free to assign or transfer this Agreement in whole or in part without any prior notice to you. You have no right to transfer or assign this Agreement.
23. Miscellaneous Terms
If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the provision will, to that extent only, be severed from the remaining provisions, which will continue to be valid to the fullest extent permitted by law.
B. Entire Agreement
These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to their subject matter.
C. Third party rights
Nothing in these terms provide any third party rights.
24. Contact Us
LiveMD welcomes your questions or comments regarding the Terms:
We may provide you with tools, services, functions, software, text, videos, graphics, sound recordings, general content, marketing content, emailed content, products or services (collectively referred to as “tools”) that we offer in good faith that, upon proper usage, will allow you to select and consult with a Medical Care Provider of your own personal selection. LiveMD does not endorse any Medical Care Provider in any manner. LiveMD is not a Medical Care Provider.
Protecting your private information is our priority. This Statement of Privacy applies to the LiveMD website.
1. Collection of your Personal Information
LiveMD will collect personally identifiable information, such as your name, email address, physical address, and credit card or debit card information should you purchase any tool or service or become a registered member.
This information is used to complete the purchase transaction and provide for your membership. LiveMD may also collect anonymous demographic information, which is not unique to you, such as your age, and gender. We may gather additional personal or non-personal information in the future.
LiveMD shall store your medical care records, and your communications (“Medical Records”) with your Medical Care Provider. We will use industry standard procedures to maintain the confidentiality of your Medical Care Records, but you understand and agree that in this era LiveMD cannot promise a 100% protection against security violations unlawfully perpetrated by third parties. You agree to hold LiveMD harmless from any such unlawful taking of your Medical Records and personally identifiable information in the event of a security breach that is outside of our reasonable control.
We will share your Medical Records only with those Medical Care Providers that you select to consult with or receive medical services from.
Information about your computer hardware and software may be automatically collected by LiveMD. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the LiveMD website.
Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through LiveMD's public message boards, this information may be collected and used by others.
LiveMD encourages you to review the privacy statements of websites you choose to link to from LiveMD so that you can understand how those websites collect, use and share your information. LiveMD is not responsible for the privacy statements or other content on websites outside of the LiveMD website.
We are not responsible for any loss of your medical care records, data, or information that takes place due to an event outside of our control.
2. Use of your Personal Information
LiveMD collects and uses your personal information to operate its website(s) and deliver the services you have requested.
LiveMD may also use your personally identifiable information to inform you of other products or services available from LiveMD and its affiliates. LiveMD may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
LiveMD does not sell, rent or lease its customer lists to third parties. We share your information only with your selected Medical Care Provider.
LiveMD may share non-personally identifiable data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to LiveMD, and they are required to maintain the confidentiality of your information.
LiveMD may keep track of the websites and pages our users visit within LiveMD, in order to determine what LiveMD services are the most popular. This data is used to deliver customized content and advertising within LiveMD to customers whose behavior indicates that they are interested in a particular subject area.
LiveMD will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on LiveMD or the site; (b) protect and defend the rights or property of LiveMD; and, (c) act under exigent circumstances to protect the personal safety of users of LiveMD, or the public.
We will, from time to time, send you marketing emails concerning third parties. You will be provided with an opt-out function for the same.
The LiveMD website may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize LiveMD pages, or register with LiveMD site or services, a cookie helps LiveMD to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same LiveMD website, the information you previously provided can be retrieved, so you can easily use the LiveMD features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the LiveMD services or websites you visit.
4. Security of your Personal Information
LiveMD secures your personal information from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.
5. Children Under Thirteen
LiveMD does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
6. Opt-Out & Unsubscribe
We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information.
7. Changes to this Statement
LiveMD will occasionally update this Statement of Privacy to reflect company and customer feedback. LiveMD encourages you to periodically review this Statement to be informed of how LiveMD is protecting your information.
8. Contact Information
LiveMD welcomes your questions or comments regarding this Statement of Privacy. If you believe that LiveMD has not adhered to this Statement, please contact LiveMD at: firstname.lastname@example.org