Disclaimer, Terms and Conditions

Agreement between User and USADoctorConsult.com
By clicking the “Schedule an Appointment” or "Returning Clients, Click Here" buttons, I attest that I am 18 years of age or older, and I agree to establish and maintain a client account, and I attest that I have read and agree to the full Disclaimer, Terms and Conditions delineated herein. By creating an account, I agree to subscribe to newsletters, blogs, and marketing and other promotional materials, but may opt out of receiving these materials at any time. Only parents or legal guardians my create an account for anyone under the age of 18. If I disagree with any of the Terms in this document, I will not access the Service.USADoctorConsult.com, herein referred to as “USADC”, is comprised of a website operated by USADC and its HIPAA-compliant telehealth platform and partners. My use of USADC constitutes my ongoing agreement to all USADC’s Terms. USADC is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of USADC constitutes your continued agreement to all such Terms. USADC uses cookies to ensure that we give you the best experience on our website and that of our telehealth partners. Continued use of our site indicates that you accept the use of these cookies. Please read these terms carefully.
Privacy Policy
Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices, including automatic, periodic charges. I understand that any electronic submission of financial, demographic information and medical information, including Protected Health Information as defined by United States HIPAA standards, will be kept confidential to the extent that any electronic information can be kept confidential, and will never be distributed for commercial use to any third parties. I understand that the Site will always use an accepted telehealth platform in all services provided, and will do everything in its power to keep all submitted information confidential. I will own my medical information and allow it to be stored by USADC and its telehealth platform, and I may request that this information be provided to me in writing at any time after verification of my identity (or verification of guardianship for a minor) and that said information will be provided to me in the format designated by the USADC within 15 business days of the verification. A nominal servicing fee for providing this information may be charged prior to release.
Liability
USADC does not treat medical emergencies. An “emergency” is defined as any condition that may be immediately threatening to life, limb, or organ function as determined by any prudent layperson. An emergency condition also includes but is not limited to acute mental disorders that may result in impending self-harm or harm to others, and situations of abuse and/or neglect. If I feel that I am having an “emergency”, I will not seek a consultation with USADC and instead directly contact local emergency services at once (in the United States, dial 911). If a video-consultation rendered by USADC results in the recommendation to seek immediate local emergency care, I understand that this consultation will constitute a completed and valid video consultation as defined under the “Services” section below, and will be billed/charged accordingly.I attest that I am freely providing USADC with accurate demographic, financial, and medical information regarding my consultation for services. I understand that the rendering of inaccurate medical information may result in inappropriate medical recommendations/treatment and I will not hold USADC liable for such recommendations/treatment. I understand that submitting such false or misleading information constitutes grounds for immediate termination of my account, and USADC reserves the right to report any suspected legal infringements by its clients to the appropriate law enforcement agencies both within and outside of the United States.

Services
1. Full-service Video Consultation – currently only available in certain areas.A full-service video consultation is defined as the obtaining a medical history (including the reason for seeking consultation, pertinent medical/surgical history, and demographic information), rendering medical advice (including possible recommendation of obtaining local immediate emergency attention), video evaluation with all its inherent limitations, and treatment recommendations and prescriptions as deemed appropriate by our Medical Professional(s). If I live in North Carolina or Virginia, USADC’s Medical Professionals can provide full-service video medical consultations, including evaluation and treatment of non-urgent symptoms, and sending electronic prescriptions to my pharmacy or our partnering Pharmacy, per my choice. NC and VA residents need not be physically located within the state of their residence at the time of requesting services. For all non-US residents and foreign residents located in North Carolina or Virginia at the time of requesting our consultation, we can provide full-service medical evaluations for non-urgent conditions as described above.
2. Health/Medical Coaching and Screening Video Consultation:To clients worldwide, we can provide health/medical coaching and screening services to US and non-US residents, always done by a Doctor of Medicine or Doctor of Pharmacy, as deemed appropriate. Health/Medical Coaching and Screening is defined as giving advice outside of the doctor-patient relationship and may include referral to a local physician. Examples of Health/Medical Coaching and Screening include, but are not limited, to nutritional guidance, recommendations regarding exercise regimens, Wellness Education, non-acute Men’s Health and Women’s Health issues, and lifestyle modification. I agree that by receiving a Medical Coaching and Screening Consultation, that I am not establishing a doctor-patient relationship with USADC but I am only seeking suggestions and/or recommendations on how to maintain or improve my health status. USADC warrants that Health/Medical Coaching and Screening evaluations and recommendations will never be done solely by a Nurse, as is the case with many “Triage Screening” services. USADC warrants, instead, that only Physician-level or Doctor of Pharmacy video-encounters with occur.
3. Premium Services:    a. Telepsychiatry-specialized psychiatry care for NC residents and certain non-US residents.    b. Doctor of Pharmacy – will provide a review of medications, answer questions specific to medications, discuss drug-drug interactions, side effects, and any other medication-specific questions. In the United States, NC and VA residents only.
4. Subscription Plans:Subscription Plans will vary and be time-dependent, with explicit details published on the USADC website. I will be billed/charged in advance on a recurring and periodic basis. Billing cycles are set on a monthly basis. My subscription will automatically renew monthly in the first 4 days of each month unless I cancel it or USADC cancels it. Except when required by law, paid Subscription fees are non-refundable.

International Users
Our services are controlled, operated and administered by USADC from our principle offices within the USA. Our telehealth Partners may have offices outside the USA. If I access the Service from a location outside the USA, I am responsible for compliance with all local laws. I agree that I will not use the USADC Content accessed through USADoctorConsult.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.Our Medical Professionals can only prescribe medications in countries where United States doctors’ prescriptions are accepted. It is the responsibility of the client to determine if said prescribing rights exist in the country or countries of their residence. As a non-US client, I agree not to hold USADC liable for any full-service or coaching/screening consultations done in good faith in my country/countries of residence.
2. Health/Medical Coaching and Screening Video Consultation:To clients worldwide, we can provide health/medical coaching and screening services to US and non-US residents, always done by a Doctor of Medicine or Doctor of Pharmacy, as deemed appropriate. Health/Medical Coaching and Screening is defined as giving advice outside of the doctor-patient relationship and may include referral to a local physician. Examples of Health/Medical Coaching and Screening include, but are not limited, to nutritional guidance, recommendations regarding exercise regimens, Wellness Education, non-acute Men’s Health and Women’s Health issues, and lifestyle modification. I agree that by receiving a Medical Coaching and Screening Consultation, that I am not establishing a doctor-patient relationship with USADC but I am only seeking suggestions and/or recommendations on how to maintain or improve my health status. USADC warrants that Health/Medical Coaching and Screening evaluations and recommendations will never be done solely by a Nurse, as is the case with many “Triage Screening” services. USADC warrants, instead, that only Physician-level or Doctor of Pharmacy video-encounters with occur.
3. Premium Services:    a. Telepsychiatry-specialized psychiatry care for NC residents and certain non-US residents.    b. Doctor of Pharmacy – will provide a review of medications, answer questions specific to medications, discuss drug-drug interactions, side effects, and any other medication-specific questions. In the United States, NC and VA residents only.
4. Subscription Plans:Subscription Plans will vary and be time-dependent, with explicit details published on the USADC website. I will be billed/charged in advance on a recurring and periodic basis. Billing cycles are set on a monthly basis. My subscription will automatically renew monthly in the first 4 days of each month unless I cancel it or USADC cancels it. Except when required by law, paid Subscription fees are non-refundable.

Payment
Payment information may be collected at the time of scheduling. All payments are due and will be charged at the initiation of services and are final and non-refundable. Prices are subject to change as noted on the USADC website and its telehealth platform. Subscription prices will be honored over the life of the subscription as advertised.Customized Subscription Plans and Promotional events may be available periodically, and I agree that if I participate in any said plans/events, that I will honor the full payment agreement of such plans. I agree to be billed and charged in advance and on a recurring periodic basis on a monthly Billing cycle. Your subscription will automatically renew under the exact same conditions unless you or USADC cancels it.Failure to pay may result in termination of future services.


Electronic Communication
Visiting USADC or sending emails to USADC constitutes electronic communications. I consent to receive electronic communications and I agree that all agreements, notices, disclosures and other communications that we provide to I electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.


My Account
If I use this site, I am responsible for maintaining the confidentiality of my account and password and for restricting access to My private and secure computer(s), and I agree to accept responsibility for all activities that occur under My account or password. I may not assign or otherwise transfer My account to any other person or entity. I acknowledge that USADC is not responsible for third party access to My account that results from theft or misappropriation of My account. As previously stated, USADC and its associates reserve the right to refuse or cancel service and/or terminate accounts at our sole discretion.


Children Under Eighteen
USADC may collect personally identifiable information, only pertinent to the Service requested, from the parent or legal guardian of children under the age of eighteen with permission of said patent or legal guardian, who is responsible for the accuracy of the information provided and must be present during the video consultation.Under no circumstances may children under the age of 18 independently use USADC’s services, even for return/subscription visits. The presence of the parent or legal guardian is required at all times.


Cancelation/Refund Policy
If I schedule an appointment with one of our Medical Professionals and I do not, for any reason, "show up" to participate in this consultation, I will still responsible for the full fee for services requested/scheduled. If I initiate a video consultation while under the influence of a judgement-imparing drug, USADC reserves the right to discontinue the consultation at their sole discretion. I understand that such encounters may be billed/charged at the full rate. Appointments may be canceled or rescheduled by notifying USADC, utilizing their scheduling software, at least 48 hours prior to the appointment. As stated above, paid Subscription fees will not be refundable.


Links to Third Party Sites/Third Party Services
USADC may contain links to other websites ("Linked Sites"). Our telehealth platform Linked Site will be guaranteed to be confidential as per US Federal Law. However, Linked Sites are not under the direct control of USADC and USADC 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. Other than our telehealth platform partner(s), the inclusion of any link does not imply endorsement by USADC of the site or any association with its operators.Certain services, such as pharmacy and medication services, made available via USADC are delivered by HIPAA-compliant third party sites and organizations. By using any product, service or functionality originating from the USADC domain, I hereby acknowledge and consent that USADC may share such information and data with such Third parties with whom USADC has a contractual relationship to provide the requested product, service or functionality on behalf of USADC users and customers. No information will be released to Third parties for commercial purposes.


No Unlawful or Prohibited Use/Intellectual Property
I agree to a non-exclusive, non-transferable, revocable license to access and use USADC strictly in accordance with these terms of use. As a condition of my use of our website, I warrant to USADC that I will not use the Site for any purpose that is unlawful or prohibited by these Terms. I may not use the Site in any manner which could damage, disable, overburden, or impinge on the functionality of the Site or interfere with any other Linked partner’s functionality of their Sites. I may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.All non-demographic and non-medical 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 USADC or its PARTNERS and protected by copyright and other laws that protect intellectual property and proprietary rights. I 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. USADC reserves the right to immediately terminate my account and my access to the Site if USADC suspect I am infringing on a copyright or any intellectual property infringement.I will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit or damage any of the content, in whole or in part, found on the Site. I will not copy or otherwise reproduce the Service. I will not upload any files containing viruses or otherwise corrupted files to the USADC website or any of its telehealth partners. USADC content is not for resale without the expressed consent of the client. I will not attempt to access any other clients’ or users’ data on the USADC site or any of its partners. Use of the Site does not entitle me to make any unauthorized use of any protected content, and in particular, I will not delete or alter any proprietary rights or attribution notices in any content. I will use protected content solely for my personal use and/or the sharing of this information with my healthcare Providers. USADC does not grant any licenses, express or implied, to the intellectual property of USADC or our licensors except as expressly authorized by these Terms.


Indemnification
I agree to indemnify, defend and hold harmless USADC, its officers, dmyectors, employees, agents and Third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of use of or inability to use the Site or services, any user postings on the Site. If I am in violation of any terms of this Agreement or violation of any rights of a Third party, or violation of any applicable laws, rules or regulations, USADC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by me, in which event I will fully cooperate with USADC in asserting any available defenses.

Arbitration
In the event that 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 pursuant to the United States Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, in a location mutually agreed upon by the parties. The arbitrator's 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 dmyectly or indmyectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the United States Federal Arbitration Act governs the interpretation and enforcement of this provision. The entmye 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.
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 I and USADC 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.

Termination/Access Restriction

To the maximum extent permitted by law, this agreement is governed by the laws of the United States and I hereby consent to the exclusive jurisdiction and venue of courts in United States in all disputes arising out of or relating to the use of the Site. 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.I agree that no joint venture, partnership, employment, or agency relationship exists between I and USADC as a result of this agreement or use of the Site. USADC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of USADC's right to comply with governmental, court and law enforcement requests or requirements relating to my use of the Site or information provided to or gathered by USADC 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 USADC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and USADC 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.

Changes to Terms
USADC reserves the right, in its sole discretion, to change the Terms under which USADC services are offered at any time. The most current version of the Terms will supersede all previous versions. USADC encourages me to periodically review the Terms to stay informed of our updates. By continuing to access our Site or use any of our Services, I agree to be bound by the revised Disclaimer, Terms of Use, and Conditions. If I do not agree to the new terms, I will not access the Site or use any of USADC’s’ Services.

Site/Service Disclaimer
Except in areas excluded by law, USADC and its affiliates/partners/licensors do not warrant that (a) the Site/Service will function uninterrupted or be available at all times and all locations, (b) the Site/Service is free of viruses or other harmful components. I understand that my Internet access and mobile use of the Site/Service may affect my ability to access the site, and that I am responsible for ensuring an acceptable connection.

Effective as of January 24, 2020.
Copyright USADoctorConsult.com – all rights reserved