My Medical Hub Corporation Terms of Service
BY ACCESSING, USING THE SOFTWARE AND/OR SIGNIFYING YOUR ACCEPTANCE TO THESE TERMS OF SERVICE, YOU AGREE TO THE TERMS OF THIS ELECTRONIC AGREEMENT ON YOUR OWN BEHALF AND ON BEHALF OF THE ACCOUNT OWNER LISTED IN THE ACCOUNT CREATION, SIGN UP OR SIMILAR FORM (“REGISTRATION FORM”). YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THE ENTITY THAT YOU WORK FOR AND YOURSELF TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE AND DO NOT HAVE THE AUTHORITY AS PROVIDED HEREIN, DO NOT ACCESS, OR USE THE SERVICES (AS DEFINED IN THESE TERMS OF SERVICE).
These Terms of Service (“Agreement” or “Terms & Conditions” or “Terms of Service”) are a contract between you individually, the Account Owner (as defined below) and the legal entity under which you practice or are employed or retained (individually and collectively, “you” or “your”) and My Medical Hub Corporation (“MyMedicalHub” or “Us” or “We”) and govern your use of MyMedicalHub’s website ( https://www.mymedicalhub.com/ , https://www.patientcarenow.com, , https://www.myvirtualdoc.com, and any affiliated sub-domains and mobile applications and sites), Software, and Servers (hereinafter collectively the “Service”), your rights and obligations with respect to User Data that you place in the Service, and associated Intellectual Property Rights thereto, as well as your creation of an account through which you will access the Service, (hereinafter an “Account”) for use in connection with the Service. By accessing, using, subscribing, purchasing, or downloading the Services, or any goods, materials, or content from the Website, you agree to follow and be bound by the following terms and conditions and any other terms and conditions embodied in any other agreements you enter into with us. If you do not agree with the Terms & Conditions, you may not use the Website or the Services.
NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH US. PLEASE READ IT CAREFULLY.
These Terms of Service apply to your use of the Service and ALL transactions made on or through the Website in your use of the Services. This Agreement is governed by the Electronic Signatures in Global and National Commerce Act. You and the Account Owner manifest your agreement to these Terms of Service by any act demonstrating your assent thereto, including clicking any button containing the words “I agree”, “Start my free trial”, “Join my team”, “Create my account” or similar syntax, by accessing the Website, by establishing an Account, or using the Services, whether you have read these terms or not. On clicking any such button, you agree to these Terms of Service. You should print a copy of this Agreement for your personal records. This Agreement may be modified by MyMedicalHub effective immediately by notifying you as provided in Section 32 below. By continuing to access or use the Service after the effective date of any such change, you agree to be bound by the modified Terms of Service.
2. Verification for MyMedicalHub
By accepting this Agreement in connection with an Account, you represent that you are at least 18 years of age, or the legal age of majority where you reside if that jurisdiction has an older age of majority, and you have the legal authority to enter into this Agreement. You further agree that as a condition to accessing the Website and the Service, you will submit to account verification as required by MyMedicalHub, and provide only true and accurate identification documentation to MyMedicalHub or its third party service providers as requested by MyMedicalHub. You and the Account Owner are responsible for the security of any account verification information, such as user names and passwords, including without limitation your Users’ user names and password. You agree that any Users who are under 18 years old require their parent or legal guardian’s consent to collect their User Data or for their use of the Services, which consent you and the Account Owner are responsible for obtaining, prior to the use by such User of the Website.
3. Establishing an Account
You must establish an Account with MyMedicalHub to use the Service. Only one person may be an Account Owner. You agree to provide accurate, current, and complete information about yourself (“Registration Data”) as prompted by the Registration Form and to use the account management tools provided to keep your Registration Data accurate, current and complete. MyMedicalHub will assign to You, as Account Owner, an account name (your “Account Name”).
4. Responsibility for Use of Account
You, as the Account Owner, are responsible for all activities conducted through your Account, are responsible for all activities conducted through your user name and are responsible for whom you grant access to your Account, including your clients or patients and those you authorize to access your Account on behalf of yourself, or clients or patients. In the event that fraud, violation of law, regulation or rule, or conduct that violates this Agreement occurs (whether by you or someone else) that is in any way connected with your Account, we may suspend or terminate your use of the Service and your Account as described in Section 24 and you shall be financially responsible to MyMedicalHub for the consequences of such use.
5. Selection and Use of Account Password
At the time your Account is created, you must select a password. You are responsible for maintaining the confidentiality of your password and are responsible for any damages, claims or other harm resulting from your disclosure, or authorization of the disclosure of your password or Account or from any person’s use of your password or your Account and those who gain access to your Account or Account Name. At no time should you respond to an online request for a password other than in connection with the log-on process to the Service. Your disclosure of your password to any other person is at your own risk.
You and those using your Account must have separate user names and passwords. They may not share entry identifications and authentication passwords and any sharing may result in a suspension or termination of access for the User and the Account Owner, and/or an increase in charges, at MyMedicalHub’s sole discretion.
6. Fees and Billing
Please be advised that you can terminate the services provided by MyMedicalHUB at any time on 30 days advanced notice. MyMedicalHub provides the Service for the fees and other charges set forth on our Website. We may at any time add new services for additional fees and charges, or prospectively modify fees and charges for existing services on reasonable notice as provided herein. You acknowledge that it is your responsibility to ensure payment in advance for all paid aspects of the Service, and to ensure that your credit or debit cards or other payment instruments accepted by MyMedicalHub continue to be valid and sufficient for such purposes. We may suspend or terminate your use and your Account’s use, as provided in Section 24, in the event of any payment delinquency. Other services are available from MyMedicalHub and the agreement with respect to those services and fees due to MyMedicalHub incorporate by reference these Terms of Service as well as any specific terms and conditions presented to you. You will not be entitled to any refund on termination or expiration of the Agreement. All payments once made to MyMedicalHub shall have been earned by MyMedicalHub as of the date of payment. You will not be entitled to any refund of partially used Services or credits at any time.
7. Modification of Service
MyMedicalHub reserves the right to add, modify, or eliminate aspect(s), features or functionality of the Service from time to time for the purposes of compliance with applicable laws and regulations, to effect improvements in security and functionality, to correct errors, or for any other purposes, at its sole discretion.
In providing you our Service, MyMedicalHub will not sell any Personal Information contained in User Data. MyMedicalHub will not retain, use or disclose the Personal Information you provide to us about your patients and clients except for the specific purpose of performing our obligations under this Agreement, including providing and improving the Service under this Agreement, nor will MyMedicalHub retain, use or disclose Personal Information about your patients and clients outside of our direct business relationship with you or the legal entity under which you practice or are employed.
It is your responsibility to comply with all applicable privacy and data protection laws and to ensure that you have provided all required notices and obtained all necessary consents from your Users, patients and your clients (including with respect to third parties access), and that your patients or your clients have agreed to the collection of their User Data (including PHI) and the access of their User Data by you, by us, and, where applicable, other third parties. Any sample documentation that is provided by MyMedicalHub for obtaining consent is for illustration only, and you alone (and not MyMedicalHub) are responsible to ensure that such documentation is adequate and enforceable to obtain requisite consent (including with respect to patients and clients who are under 13 years of age, consent from their parents or legal guardians). We will make no use of PHI that is not permitted by this Agreement or that is prohibited by applicable law, including but not limited to HIPAA. In the event that we receive a subpoena or other legal or court order compelling the disclosure of any of your patients’ or clients’ User Data (including PHI) or any of your data, unless ordered to not do so by a court of competent jurisdiction, or unless our legal counsel advises us that prior notification is not required or in violation of applicable law, we will notify you of the subpoena or other legal or court order prior to disclosing the PHI or other data. We will make commercially reasonable efforts to maintain the Service in a manner that includes appropriate administrative, technical, and physical security measures designed to protect the confidentiality, availability, and integrity of PHI that is in our possession, as required by HIPAA.
We provide Users information by email through the Website. The emails You will receive include billing emails, account verification emails, platform and Service training emails (sometimes called “on-boarding emails”), and survey emails (for product improvement purposes). You understand that by using the Service and agreeing to these Terms of Service, that MyMedicalHub will send to you the foregoing email types and you hereby waive any right to opt out of such communications to the extent permitted by applicable law. You are responsible for obtaining either consent or ceasing emails to a patient or client in the event that patient or client opts out of receipt.
In the event of termination of this Agreement, whether by your cancellation of the Agreement, your breach of, or as otherwise provided in this Agreement, there is an export feature in the Service which will enable you to retrieve your User Data contained within the Service prior to the account termination date. It is your responsibility to export from your Account a file or files containing the User Data contained within the Service before the account termination date and to ensure the secure preservation of PHI for your clients and patients pursuant to federal and state law. MyMedicalHub will destroy the User Data for your Account as provided in Section 25 of these Terms of Service.
9. No Responsibility for Acts of Omissions of Third-Party Websites
10. Your Rights and Obligations with Respect to User Data
In connection with User Data you upload or submit to the Service, you affirm, represent, and warrant that you own or have all necessary Intellectual Property Rights, licenses, consents, and permissions to use and authorize MyMedicalHub to use, retain and process the User Data in the manner contemplated by the Service and this Agreement. You agree that by uploading or submitting any Content to or through the Servers, Website, or other areas of the Service, and permitting your clients and patients to upload any Transaction Data into the Service, you hereby automatically at such time grant MyMedicalHub (and its affiliates) a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, and display the User Data and Transaction Data (including User Data and Transaction Data that is created, collected or generated by the Service or MyMedicalHub using the User Data and Transaction Data you submit) solely for the purposes of providing the Service. You agree that the license includes the right to copy, analyze and use any of your User Data and Transaction Data as MyMedicalHub may deem necessary or desirable for purposes of debugging, testing, or providing support or development services in connection with the Service and future improvements to the Service. The license granted in this Section is referred to as the “Service Data License.” You also acknowledge that the Service Data License granted to MyMedicalHub with respect to your Content will survive the termination of your Account to permit MyMedicalHub: (i) to retain server copies of particular instances of your User Data, including copies stored in connection with back-up, debugging, and testing procedures; and (ii) to enable the exercise of the licenses granted in this Section for any other copies or instances of the same User Data that you have not specifically deleted from the Service. Notwithstanding anything to the contrary herein, or in any payment processing agreement between you and the payment processor, you also hereby provide MyMedicalHub (and its affiliates) an irrevocable perpetual license, authority, and permission to obtain, copy, and use, at MyMedicalHub’s request, without notice to you, from payment processors, banks, card and ACH processors and gateway provider, which support the Service, all of your Transaction Data and User Data for purposes of providing you the Service.
You acknowledge that you are responsible for all information and User Data you and those who are under the Account (including clients, patients and those who are employed or retained by the Account Owner) input into the Service, including changes made to client or patient progress notes whether locked or unlocked. Note: the practice of unlocking any previously locked progress notes may have an adverse legal impact on you. You understand and agree that you are bound by various laws and regulations, including but not limited to HIPAA , which require that you preserve the availability, accuracy, integrity, and confidentiality of protected health information and personally identifiable information. You also understand and agree that all of your activity within the Service is automatically logged (including into audit logs), including the unlocking and changes to the progress notes, and that such activity may be audited by Account Owners, account administrators, regulators, or others.
11. Payment and Billing Services
A. In order to use payment processing services and the billing services (“Stripe Payment Processing Services”), you must agree to the Stripe Connected Account Agreement ( https://stripe.com/us/connect-account/legal ) and any other applicable Stripe agreement (incorporated herein by reference) that is available to you when you enroll in the Service and afterward through the Service. No transactions will occur in your MyMedicalHub account until you click to agree to the Stripe Services Agreement or the Stripe Connected Account Agreement (as applicable). In addition to other terms and conditions herein as it relates to your clients’ payments to you, you hereby agree that:
“Stripe” is a registered trademark of Stripe, Inc.
B. Where your Users pay for your services through the Services, in addition to the terms of the Stripe Connected Account Agreement, the following applies:
12. Interruption of Service
MyMedicalHub may on occasion need to interrupt the Service, with or without prior notice, to protect the integrity or functionality of the Service or for maintenance purposes. You agree that MyMedicalHub will not be liable for any interruption of the Service (whether intentional or not), and you understand that you will not be entitled to any refunds of fees or other compensation for interruption of service. Likewise, you agree that in the event of loss of any User Data, we will not be liable for any purported damage or harm arising therefrom.
13. MyMedicalHub’s Intellectual Property Rights and Limited License Granted to You
A. Intellectual Property Rights. MyMedicalHub owns Intellectual Property Rights in and to the Service, except all User Data, including the MyMedicalHub Software, the Websites, and the Servers, and in and to our trademarks, service marks, trade names, logos, domain names, taglines, and trade dress (collectively, the “MyMedicalHub Marks”). You understand that such Intellectual Property Rights are apart from any rights you may have in User Data you upload or submit to the Service, as discussed above. You acknowledge and agree that MyMedicalHub and its licensors own all right, title, and interest in and to the Service, including all Intellectual Property Rights therein. All rights, title, and interest in and to the Service, and in and to the MyMedicalHub Marks are reserved by MyMedicalHub. Copyright, trademark and other laws of the United States and foreign countries protect the Service and the MyMedicalHub Marks.
B. Limited License . MyMedicalHub hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited, revocable license to access and use the Service as set forth in these Terms of Service and expressly conditioned upon your Account remaining active, in good standing, and in full compliance with these Terms of Service. You agree that you will not (i) allow any person or entity not authorized by MyMedicalHub to use or access the Software, (ii) attempt to copy any ideas, features, functions or graphics contained in the Service; (iii) use the MyMedicalHub Software in the operation of a service bureau, an application service provider or for any other purpose intended to benefit a party other than you, (iv) alter or modify the MyMedicalHub Software, (v) sell, assign, sublicense, rent, lease or otherwise transfer the MyMedicalHub Software or any rights in connection therewith, or (vi) attempt to translate, disassemble, decompile, reverse assemble, reverse engineer all or any part of the Service or otherwise attempt to derive the source code for the Software.
C. Feedback and other Input . You may provide suggestions, ideas and/or feedback (collectively, “Feedback”) to MyMedicalHub or in the use of the Services or Website regarding MyMedicalHub Website, products or Services. You agree that MyMedicalHub will be free to use, irrevocably, in perpetuity and for any purpose, all Feedback provided to it by you or your employees and that all right title and interest in Feedback is assigned to MyMedicalHub. The foregoing grant of rights is made without any duty to account to you or to any of the foregoing persons or entities for the use of such Feedback.
D. Mobile Application License. Subject to your compliance with these Terms & Conditions, MyMedicalHub grants you a limited non-exclusive, non-transferable license to use any of the MyMedicalHub mobile applications and to access the Website via a single mobile device or computer that you own or control and to run such copies of the MyMedicalHub mobile applications solely for your own personal use.
You shall not: (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the MyMedicalHub mobile application in any way; (ii) modify or make derivative works based upon the Website or MyMedicalHub mobile application; (iii) create Internet “links” to the Website or “frame” or “mirror” the MyMedicalHub mobile application on any other server or wireless or Internet-based device; (iv) reverse engineer or access the MyMedicalHub mobile application in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Website or MyMedicalHub mobile application, or (c) copy any ideas, features, functions or graphics of the Website or MyMedicalHub mobile application; or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Website or MyMedicalHub mobile application.
Downloaded Mobile Sourced Application
With respect to any application accessed through or downloaded from any mobile or device application site or store (“Mobile Store Sourced Application”), you agree that you will use the Mobile Store Sourced Application only as permitted by the “Usage Rules” set forth in any applicable Mobile Store Terms of Service and these Terms of Service. With respect to any Mobile Store Sourced Application used with the MyMedicalHub Telehealth Service, you also agree to Section 15 of these Terms of Service. MyMedicalHub reserves all rights in and to the application not expressly granted to you under these Terms & Conditions. You acknowledge and agree that: (i) these Terms & Conditions are valid between you and MyMedicalHub only, and not the mobile application download site (the “Mobile Store”); and(ii) MyMedicalHub, not the Mobile Store, is solely responsible for the Mobile Store Sourced Application and content thereof. Your use of the Mobile Store Sourced Application must comply with the Mobile Store Terms of Service . You acknowledge that the Mobile Store has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile Store Sourced Application. In the event of any failure of the Mobile Store Sourced Application to conform to any applicable warranty, you may notify the Mobile Store but the Mobile Store will have no warranty obligation whatsoever with respect to the Mobile Store Sourced Application. As between MyMedicalHub and the Mobile Store, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of MyMedicalHub. You acknowledge that, as between MyMedicalHub and the Mobile Store, the Mobile Store is not responsible for addressing any claims you have or any claims of any third party relating to the Mobile Store Sourced Application or your possession and use of the Mobile Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You acknowledge that, in the event of any third party claim that the Mobile Store Sourced Application or your possession and use of that Mobile Store Sourced Application infringes that third party’s intellectual property rights, as between MyMedicalHub and the Mobile Store, MyMedicalHub, not the Mobile Store, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. Without limiting any other provisions of these Terms & Conditions, you must comply with all applicable third party terms of agreement when using the Mobile Store Sourced Application.
14. Sample Documentation
MyMedicalHub hereby grants you a non-exclusive, non-transferable license to permit your clinical workers to use MyMedicalHub’s content and other templates and template libraries (“Content”) made accessible to you, which includes sample clinical and practice documentation and templates. The prices for such access, if any, are listed at https://www.patientcare.com and are subject to change on notice as provided in these Terms of Service. MyMedicalHub is providing any Content as an illustration only. MyMedicalHub and its licensors, are not engaged in rendering professional services nor in providing expert forms. Any medical, psychological, or other expert assistance that is required is for you to provide the services and make any necessary revisions to the Content. The Content are not warranted to assist you in meeting clinical documentation requirements, as you are responsible for your own clinical documentation. THE SAMPLE DOCUMENTATION, CONTENT, DATASETS AND ALL INFORMATION THEREIN ARE PROVIDED “AS IS” AND EXPRESS AND IMPLIED WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS OR ANY PARTICULAR PURPOSE, OR QUALITY, ACCURACY, COMPLETENESS AND/OR SUITABILITY ARE DISCLAIMED. You agree that neither you nor your personnel in your practice may resell, transfer, sublicense or use the Content as part of a hosted environment or in any way available to third parties.
15. Telehealth Services
MyMedicalHub Telehealth is a portal for you to use, if you wish to access your patients and clients remotely using video/media capabilities available using the internet and desktop or mobile devices. MyMedicalHub Telehealth is embedded in the MyMedicalHub Service. You may schedule appointments for telehealth consults and connect with patients at the time of consult.
Patient and Healthcare Provider Responsibilities
You as the provider must make patients and clients aware of the following in writing. You must advise patients and clients, and have them execute a written consent containing the following minimum terms, prior to use of MyMedicalHub Telehealth:
You are solely responsible for the delivery of healthcare and determining whether you are able and/or permitted to do so based on the patient’s location when using the Service for the telehealth session. For each telehealth session, you are solely responsible for: (a) confirming that you have the necessary licenses, patient connections and qualifications to use the Service to deliver the telehealth session; and (b) providing telehealth healthcare and advice using the Service solely within the scope your licenses, qualifications and applicable regulatory requirements.
YOU ACKNOWLEDGE AND AGREE THAT MYMEDICALHUB IS SOLELY PROVIDING A TECHNOLOGY PLATFORM AND IS NOT PROVIDING MEDICAL ADVICE OR HEALTHCARE SERVICES. MYMEDICALHUB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED – AND SHALL HAVE NO LIABILITY OR RESPONSIBILITY – IN CONNECTION WITH ANY HEALTHCARE SERVICES, MEDICAL ADVICE, PRESCRIPTIONS OR MEDICATION RECOMMENDATIONS DELIVERED THROUGH THE SERVICE.
If you are a Patient, you accept responsibility for yourself in the use of the Services. You acknowledge that your relationship for health care services is with your health care provider, and your obtaining services from the Healthcare Provider is solely at your own risk and you assume full responsibility for all risk associated therewith, to the extent permitted by law. By using the Service, you agree to not hold MyMedicalhub liable in any way for any malpractice or substandard treatment the Healthcare Provider may render.
We do not confirm the credentials of Healthcare Providers using our Services and do not validate that they are in good standing with their respective licensure board(s). It is the patient’s responsibility to separately confirm that a healthcare Provider is in good standing with his or her respective licensing board(s).
If you are a Healthcare Provider, you accept responsibility for your Patients as well as yourself in the use of this Service. You are also responsible for the quality of the services you provide during your use of the Service and for complying with all applicable laws in connection with your use of the Service. For example, you are responsible for obtaining any and all Federal, State and local licenses and certifications which may be required to practice your profession when using this Service and maintaining malpractice and liability insurance in compliance with regulatory and local requirements.
You are also responsible for obtaining Patient consent if required by law and complying with any and all privacy laws applicable to the use of this Service with your patients, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). MyMedicalHub has established reasonable safeguards and procedures to protect the security of patient information, but you must also take steps to protect your privacy and confidentiality that of your patients. You will be asked to enter a HIPAA business associate agreement with MyMedicalHub.
We make no representations regarding your ability to bill third-party payors for the services you provide using the Site. You are responsible for complying with all laws in billing for the services you provide.
Telehealth User Data Restrictions
You may not upload, store or share any User Data that violates these Terms of Service or for which you do not have all the rights necessary to grant us the license described above. Although we have no obligation to screen, edit or monitor User Data, we may delete or remove User Data at any time and for any reason.
Prohibited Conduct and Content
You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using the MyMedicalHub Telehealth Service. Without limiting the foregoing, you will not:
In addition, although we have no obligation to screen, edit or monitor User Data, we may delete or remove or suspend the use of User Data at any time and for any reason.
By accessing or using the Service, you consent to the processing, transfer and storage of information about you and your Users in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.
16. Intellectual Property Rights of Third Parties
You agree that you will not upload, publish, or submit to any part of the Service any User Data that is protected by Intellectual Property Rights or otherwise subject to proprietary rights, including trade secret or privacy rights, unless you are the owner of such rights or have permission from the rightful owner to upload or submit the User Data and to grant MyMedicalHub all of the license rights granted in this Agreement. You agree that MyMedicalHub will have no liability for, and you agree to defend, indemnify, and hold MyMedicalHub harmless for, any claims, losses or damages arising out of or in connection with your use of any User Data.
17. Prohibited Conduct While Using the Service
You agree that you will not:
18. Violation of Terms of Service.
Any violation by you of the terms of these Terms of Service may result in immediate suspension or termination of your Account without any refund or other compensation.
You agree not to hold MyMedicalHub liable for the Content, actions, or inactions of you or other Users of the Service or of other third parties. As a condition of access to the Service, you release MyMedicalHub (and its officers, directors, shareholders, agents, subsidiaries, and employees) from claims, demands, losses, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have or claim to have with one or more other users of the Service or with other third parties, including whether or not MyMedicalHub becomes involved in any resolution or attempted resolution of the dispute. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
20. Disclaimer of Other Express and Implied Warranties.
MYMEDICALHUB WARRANTS THAT DURING THE TERM OF THIS AGREEMENT, THE SOFTWARE AND THE SERVICES WILL FUNCTION IN SUBSTANTIAL CONFORMANCE TO THE SPECIFICATIONS SET FORTH ON THE WEBSITE. MYMEDICALHUB PROVIDES THE SERVICE, INCLUDING WITHOUT LIMITATION THE SOFTWARE, THE WEBSITES, THE SERVERS, AND YOUR ACCOUNT, STRICTLY ON AN “AS IS” BASIS, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO VALUE, EITHER EXPRESS OR IMPLIED, IS GUARANTEED OR WARRANTED WITH RESPECT TO ANY CONTENT. NOTWITHSTANDING ANY INTELLECTUAL PROPERTY RIGHTS YOU MAY HAVE IN YOUR USER DATA OR ANY EXPENDITURE ON YOUR PART, MYMEDICALHUB AND YOU EXPRESSLY DISCLAIM ANY COMPENSABLE VALUE RELATING TO OR ATTRIBUTABLE TO ANY DATA RELATING TO YOUR ACCOUNT RESIDING ON MYMEDICALHUB’ SERVERS. YOU ASSUME ALL RISK OF LOSS FROM USING THE SERVICE ON THIS BASIS. MyMedicalHub does not ensure continuous, error-free, secure or virus-free operation of the Service, the Software, the Websites, the Servers, or your Account, and you understand that you shall not be entitled to refunds or other compensation based on MyMedicalHub’s failure to provide any of the foregoing other than as explicitly provided in this Agreement. Some jurisdictions do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to you. MyMedicalHub does not guarantee that by mere use of the Software you will be in compliance with HIPAA, and you understand and agree that you are responsible for maintaining administrative, technical and physical safeguards necessary to ensure the confidentiality, availability, and integrity with respect to your PHI and to otherwise comply with HIPAA.
21. Limitation of Liability.
IN NO EVENT SHALL MYMEDICALHUB OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, SUBSIDIARIES, AGENTS OR LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, RELIANCE, PUNITIVE OR EXEMPLARY DAMAGES OR DISGORGEMENT OR COMPARABLE EQUITABLE REMEDY, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICE (INCLUDING ITS MODIFICATION OR TERMINATION), THE MYMEDICALHUB SOFTWARE, THE WEBSITES, THE SERVERS, YOUR ACCOUNT (INCLUDING ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT MYMEDICALHUB MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT WILL MYMEDICALHUB’S CUMULATIVE LIABILITY TO YOU EXCEED THE GREATER OF ONE HUNDRED FIFTY DOLLARS (U.S. $150.00). Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is found to be impermissible, such limitation may not apply to you.
At MyMedicalHub’s request, you agree to defend, indemnify and hold harmless MyMedicalHub, its officers, directors, shareholders, employees, subsidiaries, and agents from all damages, liabilities, claims and expenses, including without limitation reasonable attorneys’ fees and costs, arising from: (i) any breach or alleged breach by you of these Terms of Service, including without limitation your representations and warranties relating to your data, User Data; (ii) use of the MyMedicalHub Telehealth Service, or (iii) your acts, omissions or use of the Service, including without limitation your negligent, willful or illegal conduct. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
23. Legal Relationship Between You and MyMedicalHub; No Third Party Beneficiaries
You acknowledge that your participation in the Service, including your creation or uploading of Content in the Service, does not make you a MyMedicalHub employee and that you do not expect to be, and will not be, compensated by MyMedicalHub for such activities, and you will make no claim inconsistent with these acknowledgements. In addition, no agency, partnership, joint venture, franchise relationship is intended or created by this Agreement. There are no third party beneficiaries, intended or implied, under this Agreement.
24. Suspension and Termination of Accounts
You may terminate your Account at any time for any reason on 30 days advanced notice. Subject to MyMedicalHub’s obligations pursuant to Section 8, in such event, MyMedicalHub shall have no further obligation or liability to you under this Agreement or otherwise. You may not suspend your own Account. If you suspend your Account, then the Account will be deemed terminated (See Sections 8 and 25 herein, regarding deletion of your User Data on termination). In addition, MyMedicalHub may suspend or terminate your Account, without notice, for breach if you violate this Agreement, or any terms regarding payment of required fees and charges due under this Agreement. MyMedicalHub may, at its sole discretion, provide You a grace period prior to termination, in the event of a breach or your failure to pay fees and charges, without waiving its rights hereunder to terminate immediately upon such events. We may suspend or terminate your Account if we determine in our discretion that such action is necessary or advisable to comply with legal requirements or protect the rights or interests of MyMedicalHub or any third party. In such event, you will not be entitled to compensation for such suspension or termination, and you acknowledge MyMedicalHub will have no liability to you in connection with such suspension or termination.
25. Termination of Licenses Upon Termination of Account
Upon termination of your Account, all licenses granted by MyMedicalHub to use the Website, Software, and the Service will automatically terminate, and all User Data in your Account will be retained no more than thirty (30) days after termination or expiration of your Account or this Agreement, and deleted on expiration of such thirty (30) day time frame. You are responsible for exporting all account data and ensuring the secure preservation of Protected Health Information for your clients pursuant to federal and state law, and ethical requirements. During the time frame beginning on termination or expiration of your Account, your access to the Service will be limited to downloading your User Data.
26. Liability for Unpaid Fees Upon Termination of Account
Upon termination by You or by MyMedicalHub of your Account, you will not receive any refund of any amounts previously paid and you will remain liable for any charges incurred or unpaid amounts owed by you to MyMedicalHub.
27. Survival of Terms After Termination
The following terms will survive any termination of this Agreement: Sections 8, 10, 13(A) and (C), 16 and 19 through 36. You will not be entitled to any refund on termination or expiration of the Agreement.
28. Dispute Resolution
In the event of a Dispute between you and MyMedicalHub (including any dispute over the validity, enforceability, or scope of this dispute resolution provision), other than with respect to claims for injunctive relief, the Dispute will be resolved by binding arbitration pursuant to the rules of the American Arbitration Association Commercial Arbitration Rules. The place of the arbitration shall be in Tampa, Fl. In the event that there is any Dispute between you and MyMedicalHub that is determined not to be subject to arbitration pursuant to the preceding sentence, you agree to submit in that event to the exclusive jurisdiction and venue of the state and federal courts located in the City and County of Hillsborough, Tampa, FL. You agree that this Agreement and the relationship between you and MyMedicalHub shall be governed by the Federal Arbitration Act and the laws of the State of Florida without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods. Notwithstanding this, either party shall still be allowed to apply for injunctive or other equitable relief to protect or enforce that party’s Intellectual Property Rights in any court of competent jurisdiction where the other party resides or has its principal place of business.
Class Action Waiver
Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your Dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.
29. Disclaimer of Warranties as to Use Outside of the United States
MyMedicalHub is a United States-based service. We make no representation that any aspect of the Service is appropriate or available for use outside of the United States or may be used for persons who are not citizens of the United States or residents of other countries. Those who access the Service from other locations are responsible for compliance with applicable local laws. The Software is subject to applicable export laws and restrictions.
30. Assignment of Agreement and Account
You may not assign this Agreement or your Account without our prior written consent. You may not transfer or sublicense any licenses granted by MyMedicalHub in this Agreement without our prior written consent . We may assign this Agreement, in whole or in part, and all related rights, licenses, benefits and obligations, without restriction, including the right to sublicense any rights and licenses under this Agreement without your consent.
31. Integration, Interpretation of Section Headings and Severability
The agreements, understandings and policies referenced in this Agreement sets forth the entire agreement and understanding between you and MyMedicalHub with respect to the subject matter hereof and supersedes any prior or contemporaneous agreements or understandings. MyMedicalHub reserves the right to modify this Agreement and Terms of Service at any time upon notification to you as provided in Section 32. If any future change is unacceptable to you, you should discontinue using the Service. Your continued use of the Service will always indicate your acceptance of this agreement and any changes to it.
You acknowledge that no other written, oral or electronic communications will serve to modify or supplement this Agreement, and you agree not to make any claims inconsistent with this understanding or in reliance on communications not part of this Agreement. The section headings used herein, including descriptive summary sentences at the start of each section, are for convenience only and shall not affect the interpretation of this Agreement. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unlawful, void, or unenforceable, then in such jurisdiction that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions.
MyMedicalHub may provide notice to you and obtain consent from you (1) through the website at https://MyMedicalHub.com , https://patientcarenow.com , and/or https://myvirtualdoc.com (2) by electronic mail at the electronic mail address associated with your Account; and/or (3) by written mail communication to you at the address associated with your Account. You must submit all notices required or permitted under this Agreement to My Medical Hub Corporation, c/o Compliance Manager, 13220 McCormick Drive, Tampa, FL 33626.
33. No Responsibility for Acts or Omissions of Third Party Service Providers
MyMedicalHub may refer names of certain third party service providers (“Service Providers”) to you upon your request or in connection with the Service. Any Service Providers referred to you by MyMedicalHub are not owned or controlled by MyMedicalHub. You agree that MyMedicalHub is not responsible or liable in any way for the acts or omissions of any Service Providers, including, without limitation, any negligent, willful or illegal conduct. You further agree to conduct your own investigation and due diligence regarding any Service Providers referred to you by MyMedicalHub. You agree to defend, indemnify and hold harmless MyMedicalHub from all damages, liabilities, claims, expenses and losses relating to the referral of Service Providers to you.
34. Business Associate Agreement
For purposes of complying with the requirements of HIPAA, You and MyMedicalHub agree to be bound by each of the terms and provisions of the MyMedicalHub Business Associate Agreement, which can be found at https://www.MyMedicalHub.com/baa and which is incorporated in full in this Agreement by this reference. If any provision hereof is potentially or actually in conflict with the provisions of the Business Associate Agreement with respect to the treatment of Protected Health Information, the terms of the Business Associate Agreement shall prevail.
35. Transfer of User Data and Account Ownership
You agree that you are responsible for the provision of access to User Data and the sharing of User Data amongst those who are Users, or those who are retained by the Account Owner and patients, clients and any family members thereof, in accordance with applicable law. In the event that any practitioner or instructor who has access to the Service under the Account dies or becomes incapacitated or otherwise is unable to provide services to any User, then the Account Owner will be responsible for arranging for the transfer of User Data, or modification of access, in compliance with applicable law. This includes, but may not be limited to, providing identity verification or execution of necessary authorizations that may be required by MyMedicalHub or by applicable regulations or licensing bodies. You agree that MyMedicalHub reserves the right to not transfer User Data or modify access if the foregoing is not provided to the extent required by applicable law. If the Account Owner dies, or otherwise becomes incapacitated, MyMedicalHub will attempt to identify an appropriate individual to transfer the Account Owner role pursuant to applicable law or regulation, and if an appropriate individual can be identified, will transfer the Account Owner role to that individual as outlined above. IT IS RECOMMENDED THAT ACCOUNT OWNERS CREATE CLEAR DIRECTIONS REGARDING ACCESS TO AND TRANSFER OF USER DATA IN THE EVENT OF THEIR DEATH OR INCAPACITATION AND SHARE THESE DIRECTIONS WITH A QUALIFIED AND TRUSTED INDIVIDUAL IN ADVANCE. Requests for transfer of the Account Owner role, either by the Account Owner or by an individual legally designated to assume Ownership, must be initiated by you by emailing info@MyMedicalHub.com . You agree that User Data that is PHI may only be accessed by or transferred to an appropriate party, pursuant to HIPAA rules and applicable state regulations.
MyMedicalHub Terms of Service 3/21/20
Last Updated/Effective Date: March 21, 2020
1. Note to our Registered Members
We do not have direct relationships with your Clients. If we receive any inquiries or requests from your Clients about their Personal Information, we will direct those inquiries or requests to you.
2. How We Collect and Use Your Personal Information
“Personal Information” is information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household, such as your name, email address, IP address, telephone number, and broader categories of information such as your professional, educational or health information, commercial information and internet activity.
The categories of Personal Information we collect from you depend on your interactions with us. For example, we may collect:
In addition to the purposes for collection described above, we also collect your Personal Information for the following general purposes:
3. How We Share and Disclose Your Personal Information
We may share your Personal Information in the following circumstances:
We do not sell your Personal Information.
4. Access and Choice
If your Personal Information changes, or if you no longer desire our Services, you may modify or remove it by logging into your Account and making the changes in your Account settings.
Marketing Opt-out Preferences
You can opt out of receiving marketing emails by using the unsubscribe link contained in the email. We may still send you emails about your relationship with us and your transactions, including Account information and alerts, purchase confirmations, and updates to our products, services and policies.
5. Tracking Technologies and Cookies
We use information gathered from these tracking technologies so that we can analyze trends, administer the Services, track users’ movements around the Services, and gather demographic information about our user base as a whole. We may combine information we obtain through tracking technologies with other Personal Information that we have collected about you in order to make our Services, communications and advertisements more targeted to your interests.
Most web browsers can be set to inform you when a cookie has been sent to you and provide you with the opportunity to refuse that cookie. If you reject cookies, you may still use our Services, but your ability to use some areas of our Services will be limited. You may also opt out of targeted advertisements by visiting the Network Advertising Initiative opt out page.
Do Not Track
Please note that the Services are not presently configured to respond to DNT or “do not track” signals from web browsers or mobile devices. As such, we do not recognize or respond to Do Not Track requests.
6. Retention and Security
We will retain your Personal Information for as long as your Account is active, as needed to provide you Services, and as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
We follow generally accepted standards to protect the Personal Information submitted to us, both during transmission and once we receive it. For example, when you enter sensitive information (such as your login credentials), we encrypt the transmission of that information using secure socket layer technology (SSL). However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.
7. California Privacy Statement
California residents have certain rights under the California Shine the Light law and the California Consumer Privacy Act (“CCPA”).
In general, within the preceding 12 months:
CCPA Privacy Rights
As of January 1, 2020, certain California residents are entitled to privacy rights under the CCPA. Customers who wish to exercise these rights should direct their requests to the registered member who controls their Personal Information.
You may exercise your right to know and your right to deletion twice a year free of charge. To exercise your right to know or your right to deletion, please contact us at info@MyMedicalHub.com .
We will take steps to verify your identity before processing your request to know or request to delete. We will not fulfill your request unless you have provided sufficient information for us to verify you are the individual about whom we collected Personal Information. If you have an Account with us, we will use our existing Account authentication practices to verify your identity. If you do not have an Account with us, we may request additional information about you to verify your identity. We will only use the Personal Information provided in the verification process to verify your identity or authority to make a request and to track and document request responses, unless you initially provided the information for another purpose.
You may use an authorized agent to submit a request to know or a request to delete. When we verify your agent’s request, we may verify both your and your agent’s identity and request a signed document from you that authorizes your agent to make the request on your behalf. To protect your Personal Information, we reserve the right to deny a request from an agent that does not submit proof that they have been authorized by you to act on their behalf.
Shine the Light
Our California customers are also entitled to request and obtain from MyMedicalHub once per calendar year information about any of your Personal Information shared with third parties for their own direct marketing purposes, including the categories of information and the names and addresses of those businesses with which we have shared such information. To request this information please contact us at email@example.com .
8. Additional Information
Information for Visitors from Outside of the United States
Social Media Widgets
Links to Other Sites
Our Services are not directed to, and we do not knowingly collect any Personal Information from children under 13.
Changes to This Policy
9. Contact Us
For help with matters not related to exercising your rights under the aforementioned privacy laws, please contact us at MyMedicalHub Support.