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Glossary
Carefully review these Terms and Conditions of Use (“Terms of Use”) as they govern your access to and use of QuickMD, LLC’s (“QuickMD,” “we,” “us,” and “our”) Platform. The Terms and Conditions of Use (“Terms”) is a legally binding agreement between QuickMD, including all affiliates and you, the individual who is accessing or using the Platforms or Websites (as defined below).
While accessing any of the Platforms or Websites, you agree to be bound by the Terms and Conditions of Use to all QuickMD Platforms and Websites. The non-medical business support services, our Website, which includes, but is not limited to, http://localhost:8000/, https://doctorvisit.quick.md,and https://www.quickmd.com and/or our QuickMD App are collectively referred to as our “Platform.” Our services (“Services”) are made available through our Website and/or our App. You are bound by the same Terms and Conditions of Use for all Services as available through Platform.
QuickMD contracts with QuickMD Medical Group, P.A. (“Medical Group”), which is a combination of independent medical groups with a United States based health care network of providers (each, a “Provider”) to provide online telehealth and in-person clinical consultations, services, and/or treatment. The professional medical services provided by Medical Group through the use of our Platform are collectively referred to in this Terms of Use as the “Services.”
By clicking “Accept,” and/or “Accessing” our Platform you acknowledge you have read the Terms and Conditions of Use in its entirety, understand, and fully accept all Terms and Conditions contained herein these Terms and Conditions of Use, our Privacy Policy, and the Notice of Privacy Practices provided to you by QuickMD. If you do not agree to be bound by these Terms and Conditions of Use and our Privacy Policy, you should promptly exit our Platform and/or the Services.
QuickMD does take steps as part of the Platform to de-identify your user experience. We do not track any information on the website that is considered Private Health Information (PHI). We do collect information automatically as you navigate through the site, including information on behaviors, browsing actions, and patterns throughout your Platform experience. We use information that we collect or that you provide to us to ensure the Platform is working as intended and to improve the user experience. You may be contacted through text voice or email with questions to help enhance the Platform. We do not sell your user information to any third parties.
The Platform contains confidential and proprietary information, materials, data, databases, contents, processes, methodologies, know-how, software, text, displays, images, video, audio, trademarks, logos, service marks, features and functionality, and the design, selection and arrangement thereof, are owned by QuickMD, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade dress, trade secret and other intellectual property or proprietary rights laws (collectively, the “Content”).
These Terms and Conditions of Use permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Platform, including but not limited to Content, except: (a) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (b) you may store files that are automatically cached by your Web browser for display enhancement purposes; and (c) you may print or download one copy of a reasonable number of pages of the Platform for your own personal, non-commercial use and not for further reproduction, publication or distribution. You must not: (a) modify copies of any materials from the Platform or received through the Services; (b) use any illustrations, communications, photographs, video or audio sequences or any graphics separately from the accompanying text; or (c) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Platform.
You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, content, or other proprietary information (including, without limitation, images, text, page layout, or form) of QuickMD without our express written consent.
You must not access or use any part of the Platform or any services or materials available through the Platform for outsourcing for others or as part of a service bureau business so otherwise for the benefit of unaffiliated third parties who pay directly for its benefit or for other similar commercial purposes, or otherwise exploited for any commercial purpose without express written consent of QuickMD.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms and Conditions of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by QuickMD. Any use of the Platform not expressly permitted by these Terms and Conditions of Use is a breach of these Terms and Conditions of Use and may violate copyright, trademark and other laws.
We make no representations whatsoever about any other website that you may access through the Platform. When you access a non-QuickMD website, please understand that it is independent from us, and that we have no control over the content on that website or its functionality. In addition, a link to a non-QuickMD website does not mean that we endorse or accept any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party websites linked to the Platform, you do this entirely at your own risk.
The Platform may enable access to QuickMD’s and/or third-party services and websites, including social media sites (collectively and individually, “External Services“). You agree to use the External Services at your sole risk. We are not responsible for examining or evaluating the content or accuracy of any third-party External Services and shall not be liable for any such third-party External Services. Data displayed by the Platform or External Service, including but not limited to financial, medical, and location information, is for general informational purposes only and is not guaranteed by QuickMD or its agents. You will not use the External Services in any manner that is inconsistent with the terms of these Terms and Conditions of Use or that infringes the intellectual property rights of QuickMD or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten, or defame any person or entity, and that we are not responsible for any such use. External Services may not be available in all languages or in your Home Country and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. We reserve the right to change, suspend, remove, disable, or impose access restrictions or limits on any External Services at any time without notice or liability to you.
You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Platform or any portion thereof without authorization, in violation of these Terms and Conditions of Use or in violation of applicable law.
You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Platform, deep-link to any feature or content on the Platform, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform.
Violations of system or network security may result in civil or criminal liability. QuickMD may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working order or manner of the Platform or any activity being conducted on the Platform.
Users may access and use the Platforms and/or Websites via remote access connectivity. QuickMD allows you a limited, non-exclusive, non-sublicensable, revocable, non-transferable access level to use the Platforms, where you must create an account to access Services. QuickMD is the owner and operator of all data, information, and otherwise as part of the Platform.
In the event access to the Platform or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by us. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Platform may be revoked by QuickMD at any time with or without cause. You agree to defend, indemnify, and hold QuickMD harmless from and against all third-party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by arising out of your breach of these Terms and Conditions of Use or violation of applicable law, your use or access of the Platform, or access by anyone accessing the Platform using your user ID and password. You are required to immediately and confidentially notify QuickMD in writing by contacting Customer Support in the event any of the following may occur: unauthorized use or access to your user ID and password, and any other breach of security that involves our Platforms.
If you submit, upload, post, or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images, or other materials to us or our Platform (“User Information”), you agree not to provide any User Information that (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. You agree not to contact other Platform users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to QuickMD and Medical Group that you have the legal right and authorization to provide all User Information to QuickMD and Medical Group for use as set forth herein and required by QuickMD and the Medical Group Provider.
Although we attempt to ensure the integrity and accuracy of the Platform, we make no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Platform and Content therein. It is possible that the Platform could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Platform by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. We reserve the right to unilaterally correct any inaccuracies on the Platform without notice. Information contained on the Platform may be changed or updated without notice. Additionally, QuickMD shall have no responsibility or liability for information or Content posted to the Platform from any unaffiliated third party.
We have made significant efforts to accurately display the colors of our products that appear on the Platform. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
In the event a Product or Service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers or business partners, we shall have the right to refuse or cancel any orders placed for a Product or Service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit or debit card account in the amount of the incorrect price.
Price changes may take effect at the start of the next applicable period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Platform after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing prior to the price change going into effect.
The Terms and Conditions of Use herein are made part of this Agreement, incorporate as amendments include our Refund, Credit, Cancellation, and No Show policies. For further information, please review our policies on the Website and/or Platforms directly.
You agree to: (a) provide true, accurate, current, and complete information when registering to use the Platform and establish your account (“Registration Information”) and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account. You are entirely responsible for maintaining the confidentiality of any passwords and any usage and activities that occur in connection with your account. You agree not to allow others to access your account or utilize your password. Doing so will compromise the security of your account.
Our Platform is not designed for, or intentionally targeted at, children 17 years of age or younger. It is not our policy to intentionally collect or maintain information about anyone under the age of 18. No one under the age of 18 should submit any Personal Information on the Platform, and if we learn that we have collected or received Personal Information from a child under 18, we may delete that information. If you are the parent or guardian of a child under 18 years of age whom you believe might have provided us with their Personal Information, you may Contact Us to request the Personal Information be archived.
By accessing the Platforms and/or Websites, you further acknowledge, you are 18 or over years of age.
As a condition of the Platform and/or Websites, you are prohibited from any of the following: (1) Potentially Harmful Behavior – 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 Websites and Platforms or computers of any kind, and any unsolicited advertising, solicitation or promotional materials; (2) Misrepresentation of your identity or affiliation in any way; (3) Gain unauthorized access to the Websites and Platforms, to other users’ accounts, names, personally identifiable information or other information, or to other computers or websites connected or linked to the Websites and Platforms; (4) Violate any applicable laws or regulations in any way; (5) Breach or violate Security regulations in any way; and (6) Conduct any other behavior, action, or otherwise that causes harm to Platform.
By accessing Platform and/or Websites, you are agreeing to be contacted by or on behalf of QuickMD at the mobile number by phone, text message or email to receive information, product or service related (e.g., progress tracking, reminders, etc.) messages and communications relating to the Platform. Message and data rates may apply.
To unsubscribe to any or a single type of communication, contact Us. Please note, that by withdrawing your consent, some of the functions provided by the Platform may no longer be available to you. Keep in mind that if you stop receiving phone, text or email messages from us you may not receive important and helpful information and reminders about your services.
QuickMD or your Provider may record (audio and video) all or part of your interaction with us or them (“Recordings”). Such Recordings are used for quality assurance and training purposes, to better deliver to you the products and services, and to help us improve the Platform. We will keep such Recordings confidential, and we will not publicly display such recordings unless legally required to do so, such as if subject to a court order. By accessing and using our Platform, you agree and consent to such Recordings for the purposes and uses set forth in these Terms and Conditions of Use and as otherwise set forth in the Privacy Policy. You agree not to create your own Recordings of your interactions with your Provider without the express consent of the Provider.
QuickMD, Medical Group, and your Provider are committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM Act”) and the Telephone Consumer Protection Act (“TCPA”). You consent to receive communications from us as set forth in the above section, Consent to Receive Calls, Text Messages, and Audio and/or Video Recording. E-mails, newsletters, and text messages received from us are intended to fully comply with the CAN-SPAM ACT and the TCPA. In the event you receive an e-mail or text message from us which you do not believe is fully compliant with the CAN-SPAM Act or the TCPA, please Contact Us.
When you use the Platform and/or Websites, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically.
You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. QuickMD, Medical Group, and your Provider may contact you by telephone, mail, or e-mail to verify your information. QuickMD, Medical Group, and your Provider may request further information from you and you agree to provide such further information to ensure that you have not fraudulently used the Platform. Your account may be placed on hold until resolution is obtained. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of our Platform until you provide the information to us as requested.
Any de-identified self-reported user-event data may be utilized internally for possible research qualification or exploratory statistical use as part of the digital private registry or observational study of special interest (ePRSI). At this time, QuickMD is capable of the aforementioned platform-events and self-reported survey only. Any subsequent observational or outcomes digital study program to be offered to the user, including any exploratory research on such data can only be permitted with the free and self-elected informed consent of the qualified user participant and in accordance with all applicable laws and regulations of such approved study protocol requirements.
You agree that information provided by you in connection with the Platform and the Services shall be governed by the Privacy Policy, which is hereby incorporated and made part of these Terms and Conditions of Use. You also agree that information provided by you in connection with the Services shall also be governed by the applicable Medical Group Notice of Privacy Practices and is hereby incorporated and made part of these Terms of Use.
By using the Services, you acknowledge the potential risks associated with telehealth and/or Medical Group 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; communication disruptions due to poor Internet connection; 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.
QuickMD is not a medical group and does not provide medical advice, care, and/or treatment. QuickMD provides administrative and management services to independent, physician-owned and operated medical practices. Any telemedicine consults obtained through our Platform are provided by Providers, including but not limited to Medical Group.
QuickMD licenses the “QuickMD” brand name to Medical Group and other affiliated medical practices that use our Platform to assist in the provision of Services. Each QuickMD-branded practice is owned and operated by a licensed physician. There is no single provider of medical care called “QuickMD.” Each QuickMD-branded practice engages a network of United States based clinicians who provide clinical telehealth services. The Providers deliver clinical services via the Platform to their patients. QuickMD does not provide medical advice or care, own or operate the medical practices, employ or in any way supervise the clinicians providing medical care, and control over the care provided is the sole responsibility of the independent medical practices and the Providers they employ. Services and practices may vary across Providers, and patients should contact the Providers at Medical Group directly for all questions concerning their medical care.
Our Platform and the Services are not for medical emergencies or emergent situations. You should not disregard or delay seeking medical advice based on anything that appears or does not appear on our Platform. If you believe you are experiencing 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.
Certain products available through the Platform require a valid prescription by a licensed healthcare provider. You will not be able to obtain a prescription product unless you have completed a consultation with one of the Providers through the Platform, the Provider has determined the prescription product is appropriate for you, and the Provider has written a prescription.
If a Provider determines a prescription product is appropriate for you and prescribes a medication, you may fill the prescription at any pharmacy of your choice as prompted during your use of the Services.
QuickMD does not dispense medications and is not a pharmacy. QuickMD is not affiliated with or have any common ownership with any pharmacies. Any Services available through the Platform that include a medication are at the sole discretion of the unaffiliated retail or mail-order Pharmacy. QuickMD is not responsible, maintains no liability or wrongdoing by you accessing any pharmacy at any time. You agree to hold QuickMD harmless for any and all potential disputes that arise from your pharmacy. Where you fill your prescription is entirely your choice.
You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. You agree to read fully and carefully all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription. We fully honor patient freedom of choice and, if you receive a prescription for a medication, you always have the option to instruct your Provider to transmit that prescription to the pharmacy of your choice.
We are not an insurance provider nor do we offer an insured Products or Services. The cost associated with any Product or Service is charged to you directly. We do not accept any third-party payments of any kind. QuickMD is separate and apart from Medical Group. QuickMD is a facilitator of Products and Services to allow access to telemedicine or in-person services through the Platform. QuickMD is not responsible for Provider’s acts, omissions or for any content of the communications made by Medical Group
QuickMD operates subject to state and federal regulations, and the Platform may not be available in your state. You represent that you are not a person barred from enrolling for or receiving the Platform under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Platform is limited exclusively to users located in states within the United States where the Platform is available. Services are not available to users located outside the United States. Accessing the Platform from jurisdictions where content is illegal, or where we do not offer the Platform, is prohibited.
You can purchase products or pay for Services through a third-party vendor with an API integration setup through the Platform. If you elect to purchase a Service from Medical Group, then the total price you pay includes the amount charged by Medical Group for the Service, plus any applicable administrative or operational expenses from QuickMD. A third-party vendor collects the amounts charged by Medical Group and passes those amounts through to Medical Group for the payment for their actual charges.
You acknowledge and understand pricing information is available to you prior to purchase. You, the user, knowingly purchase Products and Service that will be charged to your credit or debit card, prior to Products and Services rendered. We may reasonably make available to you an itemized invoice listing the actual charges by Medical Group for the Services at your request.
QuickMD does not collect or store your payment processing information, such as your credit card information. Your payment processing information is collected by a third-party payment processor through their platform. By using our Platform, you are also consenting the applicable terms and conditions of such third-party platforms, and you waive and release any and all claims you may have against QuickMD and Medical Group arising out of your use of such third-party platforms.
We accept credit and debit cards issued by U.S. banks. If a credit card account is being used for a transaction, we may obtain pre approval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.
As a condition of our third-party processing vendor, we do not accept discount or gift cards, prepaid cards, virtual cards, cash, bank check, certified check, wire transfer, cryptocurrencies, or payment apps.
You represent and warrant that if you are making online payments that (a) any credit card, debit card and bank account information you supply is true, correct, and complete, (b) charges incurred by you will be honored by your credit/debit card company or bank, (c) you will pay the charges incurred by you in the amounts posted, including, without limitation, any applicable taxes, and (d) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
For any payment concerns or disputes, promptly contact us. If you dispute any transaction through your credit card, debit card, and bank account that may be erroneously filed, is a result of your negligence, misunderstanding, or direct wrongdoing, QuickMD may charge you for any costs associated with dispute. Until payment is made to QuickMD, your use of the Platform may be limited, at the sole discretion of QuickMD. If we are unable to secure funds from the payment method you provide for any reason, including insufficient funds in the payment method or insufficient or inaccurate information provided by you when submitting electronic payment, we may undertake further collection action, including application of fees to the extent permitted by law. QuickMD may limit access to Platform as a result of any outstanding, open, or other balances that exist or are incurred by accessing Platform. You acknowledge and agree that you will not dispute the charges from QuickMD, Medical Group, or any third-party payment processor with the payment method company, provided the transactions correspond to the terms indicated in these Terms and Conditions of Use.
By clicking “purchase”, you agree to be bound by all payment processing standards, regulations, and accept charges to your credit or debit card. Purchase means any user interface that denotes payment is required to proceed with Products or Services, including consultation by Medical Group. Payment is required prior to your receiving Products or Services. Some situations that may result in your order being canceled or delayed that may include limitations on quantities available at time of purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order, this includes additional verifications by third-party payment processing vendor. We may contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we may issue a credit to your credit card (or other applicable payment account) in the amount of the charge.
We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. Medical Group reserves the right to dismiss you at any time for fraudulently, unbecoming, potentially harmful, unlawful, or illegal activities, and/or as deemed necessary.
QuickMD does not allow any Returns for any Products or Services made available on Platform.
QuickMD may issue refunds and credits, as applicable. Our full Refund and Credit Policy can be found here. You agree as a condition of this Terms of Use Agreement to be bound by these provisions herein.
QuickMD may charge $35 for any Products or Services cancelled within 2 hours of the Product and Service. In addition, QuickMD may charge $35 for any Products or Services where you do not no show up on the Platform at the appropriate time and/or after appropriate outreach has been made to contact you. Our full Cancellation and No-Show Policy is available here [link]. You agree as a condition of this Terms of Use Agreement to be bound by these provisions herein.
To be a healthcare provider using the Platform (for purposes of this Section, “Provider”), Provider must be a licensed physician, nurse practitioner, physician’s assistant or healthcare professional contracted or employed by the Medical Group, and must agree to comply with all laws, medical board rules, and other rules and regulations applicable to you as a Provider or otherwise. Your relationship with the QuickMD users (including, but not limited to, your Medical Group patients) is directly between Provider and you. The patient will never have a physician-patient relationship with QuickMD. QuickMD does not practice medicine and offers no medical services. As set forth more fully below, Provider is solely responsible for all agreements, consents, notices, and other interactions with patients and other consumers. The platform is not meant to substitute or modify Provider’s professional judgment in any way.
Unless expressly stated in these Terms and Conditions of Use, nothing herein is intended to confer any rights, obligations, duties, or remedies, on any person other QuickMD, Medical Group, and their affiliates. Nothing in the Terms and Conditions of Use is intended to relieve or discharge the obligation or liability of any third persons to QuickMD, Medical Group, and its affiliates, nor shall any provision give any third parties any right of subrogation or action over against QuickMD, Medical Group, and its affiliates. The Platform is only provided for your benefit and may not be relied on by any third party.
We will try to work in good faith to resolve any issue you have with the Platform, including Products and Services ordered or purchased through the Platform, if you bring that issue to the attention of our customer service department. However, we realize that there may be cases where we may not be able to resolve an issue to a customer’s satisfaction.
You and QuickMD agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms and Conditions of Use or your use of the Platform, including Products and Services ordered or purchased through the Platform, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators may award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and QuickMD 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 of Use and any other contractual relationship between you and QuickMD.
If you desire to assert a claim against QuickMD, and you therefore elect to seek arbitration, you must first send to QuickMD, by certified mail, a written notice of your claim (“Notice“). The Notice to QuickMD should be addressed to: QuickMD, LLC, Attn: LEGAL NOTICE, 3415 S Sepulveda Blvd, Fl 10, Los Angeles, CA 90034 (“Notice Address“). If QuickMD desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by QuickMD, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand“). If QuickMD and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or QuickMD may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by QuickMD or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after QuickMD receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules“) of the American Arbitration Association (“AAA“), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless QuickMD and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of QuickMD’s last written settlement offer made before an arbitrator was selected (or if QuickMD did not make a settlement offer before an arbitrator was selected), then QuickMD will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
You and QuickMD agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and QuickMD agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
If this Agreement to Arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for Gwinnett County, Georgia.
BOTH QUICKMD AND YOU WAIVE ANY AND ALL RIGHTS TO A JURY TRIAL IN THE EVENT THIS AGREEMENT TO ARBITRATE IS FOUND TO BE UNENFORCEABLE.
These Terms and Conditions of Use provide that all disputes between you and QuickMD that in any way relate to these Terms and Conditions of Use, the Platform, and/or the Services will be resolved by binding arbitration. Accordingly, you acknowledge you give up the right to go to court (including in a class action proceeding) to assert or defend your rights under these Terms and Conditions of Use. Your rights will be determined by a neutral arbitrator and NOT a judge or jury and your claims cannot be brought as a class action. Please review Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with QuickMD.
You agree to defend, indemnify, and hold QuickMD and any affiliates harmless from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Platform, Products, Services, or any information posted on the Platform; (ii) your breach of the Terms of Use or Privacy Policy; (iii) the content or subject matter of any information you provide to QuickMD, Medical Group, your Provider, or a customer service agent; or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Platform, Products, Services, or any information on the Platform, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.
QUICKMD DOES NOT WARRANT THAT ACCESS TO OR USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. THE PLATFORM, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE RELATED TO THE PLATFORM, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. QUICKMD DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE PLATFORM.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PLATFORM, PLATFORM-RELATED SERVICES, SERVICES, AND LINKED WEBSITES. QUICKMD DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD, AND DISTRIBUTED BY QUICKMD ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.
QUICKMD AND ANY THIRD PARTIES MENTIONED ON THIS PLATFORM ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE PLATFORM, PLATFORM-RELATED SERVICES, SERVICE, CONTENT, OR INFORMATION CONTAINED WITHIN THE PLATFORM, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM, PLATFORM-RELATED SERVICES, SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE PLATFORM AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF QUICKMD TO YOU WITH RESPECT TO YOUR USE OF THE PLATFORM AND SERVICES IS $500 (FIVE HUNDRED DOLLARS).
We will not be deemed to be in breach of these terms or liable or deemed to have defaulted for any breach of these Terms and Conditions of Use or our Privacy Policy for any failure or delay in fulfilling or performing any term of these Terms and Conditions of Use, when and to the extent such failure or delay is caused by or results from acts beyond our reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, explosion, pandemic, or epidemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; and (g) other events beyond the reasonable control of QuickMD. We will do our best to communicate with you and to provide notice within thirty (30) days of the Force Majeure Event, stating the period of time the occurrence is expected to continue. We shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. QuickMD shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause.
QuickMD reserves the right, in its sole discretion, to terminate your access to all or part of the Platform, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between QuickMD and you pertaining to the subject matter hereof. In its sole discretion, QuickMD may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Your continued use of the Platform after revisions to these Terms of Use shall constitute your agreement to the revised Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within the Platform.
QuickMD may in its sole discretion, without prior notice, revise these Terms and Conditions of Use at any time and for any reason. The Effective Date may be published at the top and we may post a notice regarding the updated Terms and Conditions on the Websites. You will need to acknowledge your agreement to the amended Terms and Conditions prior to being able to continue to use the Platforms. If you do not agree to the terms of the amended Terms and Conditions, you will need to promptly exist our Platform and/or Websites. By accessing or using the Websites and the Platforms after such changes are posted you agree and consent to all such changes.
QuickMD is the sole and exclusive owner of the Websites and Platforms, including any and all copyright, patent, trademark, trade secret and other ownership and intellectual property rights, in and to the Websites and Platforms and any related materials and documentation. No title or ownership of the Websites and Platforms or any portion thereof is transferred to you hereunder. QuickMD reserves all rights not expressly granted hereunder.
If you have additional questions or concerns regarding the Terms and Conditions of Use herein, contact us at the below:
QuickMD, Inc.
3865 Holcomb Bridge Rd
Peachtree Corners, GA 30092
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