TERMS AND CONDITIONS OF USE
Revised September 26, 2018
If you have, or are having, a medical emergency, IMMEDIATELY CALL your LOCAL EMERGENCY NOTIFICATION SYSTEM (9-1-1), or go to your local emergency room.
Welcome to the TimelyMD Website. By clicking on this box, you agree to the following terms and conditions concerning remote telehealth consultations provided via telephone, video or asynchronous data exchange by a licensed healthcare provider (“Telehealth Consultations”) or Intake Mental Health Counselor to which Timely Telehealth, LLC, a Texas limited liability company (“TimelyMD”) provides access to its members.
- General. Prior to accessing a Telehealth Consultation, you represent and warrant that you are at least eighteen years of age and possess the legal right and ability, on behalf of yourself or a minor child of whom you are a parent or legal guardian, to: (i) agree to these Terms and Conditions of Use; (ii) register for the Telehealth Consultations under your own name; and (iii) use such services in accordance with these Terms and Conditions of Use and abide by the obligations hereunder.
- TimelyMD Profile. You agree to: (i) fully, accurately and truthfully create your TimelyMD profile; and (ii) prohibit anyone else from using your TimelyMD profile. You agree to provide accurate, current and complete information about yourself for your TimelyMD profile, and to periodically review and to update such information as needed to keep it accurate, current and complete. You agree to immediately notify TimelyMD of any actual or suspected unauthorized use of your TimelyMD profile or credentials or other security concerns of which you become aware.
- Relationship with Provider. You agree that you are entering into an agreement with Telehealth Physician Network, PLLC, a Texas professional limited liability company (the “PLLC”) which shall be a provider of professional health services to you, which means, among other things, you are entering into a practitioner– patient relationship with the licensed healthcare provider associated with the PLLC that personally performs the Telehealth Consultation with you.
- Role of TimelyMD. You understand and agree that TimelyMD Health is the provider of certain administrative services to the PLLC and does not provide professional health services itself.
- Privacy Notice. You agree to PLLC’s Privacy Notice, the terms of which are incorporated herein by reference.
- Prescriptions. You agree that physicians associated with the PLLC may not prescribe the following drugs:
- Prescriptions for narcotics or DEA (Drug Enforcement Administration) (http://www.deadiversion.usdoj.gov/schedules/) controlled substances (Schedule I, II, III)
- Prescriptions for medications that are restricted by states.
- Prescriptions for medications for psychiatric illnesses.
- Prescriptions for an abortifacient or any other drug or device which terminates a pregnancy.
- TimelyMD is not a drug fulfillment warehouse. In the event that a health care provider associated with the PLLC does prescribe a medication, he/she will limit the supply based on state regulations and will only prescribe a medication, as determined appropriate in his/her sole discretion and professional judgment. The PLLC does not guarantee that a prescription will be written.
- You agree that any prescriptions that you acquire from a health care provider associated with the PLLC shall be solely for your personal use. You agree to fully and carefully read all product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription.
- Confirmation of Information. It is your responsibility to confirm any third party information for yourself, or information regarding a minor child of whom you are a parent or legal guardian.
- Electronic Health Care Records. You agree to the entry of your protected health information in connection with a Telehealth Consultation into the electronic health care records of the PLLC and understand that reasonable measures have been taken to safeguard your health care information, in accordance with federal HIPAA standards, as amended to date, but no computer or phone system is totally secure. You further agree that any health care provider associated with the PLLC who uses your electronic health care records with the PLLC may access and use such records as needed to provide treatment (including coordinating my care) and to improve the quality of care.
- The PLLC’s electronic health record allows better access to your protected health information, leading to better coordination and quality of care. The PLLC recognizes your privacy and, in accordance with the PLLC’s Privacy Notice, will not release information to anyone without your written authorization or as required or permitted by law.
- Under applicable law, you have a right to access your electronic health care record with the PLLC, which updated electronic health record will be available to you within 72 hours subsequent to your Telehealth Consultation. You acknowledge that you can download, at any time, your electronic health record with the PLLC and share it with your primary care physician.
- Communications. You understand and agree Telehealth Consultations involve the communication of your health information, both via text or orally, to physicians and other health care practitioners located in other parts of the state/jurisdiction or outside of the state/jurisdiction.
- Risks. You understand that there are risks from Telehealth Consultations, including, but not limited to, the following: 1) loss of records from failure of electronic equipment; 2) power failures with loss of communication; and 3) invasion of electronic records by outsiders (hackers). Finally, you understand that it is impossible to list every possible risk.
- Rights. You understand that you have all the following rights with respect to Telehealth Consultations:
- Free Choice. You have the right to withhold or withdraw your consent to Telehealth Consultations at any time without affecting your right to future care or treatment.
- Access to Information. You have the right to request a copy of all health information transmitted during a Telehealth Consultation, which is described in more detail in the PLLC’s Privacy Notice.
- Confidentiality. You understand that the laws that protect the confidentiality of health information apply to Telehealth Consultations, and that no information or images from such interaction which identify you will be disclosed to other entities without your consent, unless otherwise permitted by law.
- Consequences. You understand that, by having your consent to Telehealth Consultations, the health care provider associated with the PLLC may communicate health information concerning you to physicians and other health care providers located in other parts of the state/jurisdiction or outside the state/jurisdiction.
Furthermore, you understand that there are potential consequences of Telehealth consultations, such as reduced in-person contact with health providers. You also understand, however, that there are many potential benefits of Telehealth consultations, including the following: (I) increased availability of health care; (II) availability of real-time data and information; and (III) ease and convenience of receiving health care. Finally, you understand that it is impossible to list every possible risk, consequence, and benefit of telehealth consultations.
- External Links. This Website may include links to other sites that are not owned by or under TimelyMD’s control and TimelyMD is not responsible for, and makes no representations, warranties or recommendations with respect to the usefulness, availability or content of any such sources, and you assume all responsibility with respect to the use of such sites and any and all information or services furnished through such sites.
- Adverse Technical Events. All information is transmitted over a medium which is beyond our control and jurisdiction. Accordingly, TimelyMD assumes no responsibility for, or relating to, delay, failure, interruption or corruption of any data or other information transmitted in connection with use of this Website or sites accessed through this Website.
- Limitation Of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TIMELYMD BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE WEBSITE OR ENGAGING IN A TELEHEALTH CONSULTATION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. TIMELYMD IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE USE OF THIS WEBSITE AND/OR ANY MATERIAL LINKED THROUGH THE WEBSITE.
- Copyright and Trademarks. All content included on the Website including, but not limited to, text, photographs, video, documents, graphics, button icons, images, artwork, names, logos, trademarks, service marks and data (the “Content“), in any form including the compilation thereof, are proprietary to TimelyMD and protected by U.S. and international copyright law and conventions. The Content includes both Content owned or controlled by TimelyMD and Content owned or controlled by third parties and licensed to TimelyMD. Except as set forth below, direct or indirect reproduction of the Content, in whole or in part, by any means, is prohibited without our express written consent. You are authorized only to use the Website for personal use and are not authorized to reproduce, sell or exploit the Website or content of the Website for commercial purposes.
- Indemnification. You agree to indemnify and hold harmless TimelyMD and the PLLC and each of its respective officers, directors, employees, agents, developers, vendors, affiliates, third party information providers, licensors and others involved in the development or the delivery of products, services or information over the Website, from and against any and all liabilities, expenses, damages and costs, including reasonable attorneys’ fees, arising from any violation by you of these Terms and Conditions of Use or your use of the Website or any products, services or information obtained from the Website, including, without limitation the Telehealth Consultations.
- Dispute Resolution. TimelyMD will try work in good faith to resolve any issue you have with Website. However, TimelyMD realizes that there may be rare cases where we may not be able to resolve an issue to a member’s satisfaction. In the event we cannot resolve a dispute between us, you agree that all matters related to any use or access of the Website or use of Telehealth Consultations will be governed by the laws of the State of Texas, without regard to its conflicts of laws rules. You agree and expressly consent to the exercise of personal jurisdiction in the state courts of Texas in Taylor County, Texas in connection with any claim involving the Website and/or the Telehealth Consultations.
Amendment of Terms and Conditions of Use. TimelyMD has the right to amend these Terms and Conditions of Use at any time without notice to you by posting the revised Terms and Conditions of Use on this Website. You agree that you are bound by those changes by continuing to use the Website.