TERMS AND CONDITIONS
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. REGISTRATION ON THE SECURE PORTAL Some of MomentMD’s site can be used only by MomentMD Members, require Members to register and log-in, and are password protected (“Registered Users”). The password protected portions of the Sites are referred to as the Secure Portals. This Secure Portals allows you to access certain behavioral health and other medical consultation services (“Services”). Through the Secure Portals, you can also access your protected health information (“PHI”), whether submitted by you or generated as a result of your use of the Services. A complete description of the purposes for which MomentMD uses and discloses any PHI collected from our Members (including PHI collected on the Secure Portal) is described fully in its Notice of Privacy Practices or any other applicable notices provided to Members. EMAIL ADDRESSES Registers Users will need to provide us with an email address. We will use email to send Registered Users important updates about the Sites as well as notifications when information and documents are added that Members need to be aware of, e.g. forms, consult appointments. MomentMD will also use email address to send general information about the Services available through MomentMD. In some instances, but not all, you will be able to opt out of receiving emails. MomentMD does not sell your email address to third parties. YOUR RESPONSIBILITIES Registered Users are responsible for (i) controlling the dissemination and use of activation codes and passwords; (ii) authorizing, monitoring, and controlling access to and use of your user ID and password; and (iii) promptly informing MomentMD of any need to deactivate a password. You also agree to promptly notify MomentMD of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to this Site by emailing MomentMD at email@example.com. In addition, you agree to exit from your secure account at the end of each session. MomentMD explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section. ACCURATE AND COMPLETE MEDICAL HISTORY The Services do not replace your existing primary care physician relationship but are intended only to supplement that relationship for your non-emergency medical needs. MomentMD is not an insurance provider nor are we a prescription fulfillment warehouse. You agree that your medical history on the Secure Portals will have the most up to date and accurate information. Such information is vital for MomentMD to provide you with quality Services. YOUR REPRESENTATIONS AND WARRANTIES By registering on the Secure Portals, you represent and warrant that (i) you are at least eighteen (18) years of age, (ii) you have the legal ability and authority to enter into this Agreement with MomentMD, (iii) the information you have provided to MomentMD in your registration is accurate and complete (iv) you will comply with any and all laws applicable to your use of the Secure Portals, (v) you will not interfere with a third party’s use and enjoyment of the Secure Portals, and (vi) you will not interfere with or disrupt MomentMD’s or its vendor’s security measures. If any information you provide to MomentMD becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify MomentMD. TERMINATION If you violate these Terms and Conditions, your ability to use the Secure Portals will terminate. MomentMD may, in its sole discretion, terminate your access to the Secure Portals, or any portion thereof, for any reason whatsoever without prior notice. These actions are in addition to any other right or remedy MomentMD may have available at law. Further, MomentMD shall not be liable to you or any third party for any such termination or discontinuance. PROHIBITED USES In using the Sites, you agree not to:
INTELLECTUAL PROPERTY RIGHTS AND CONTENT All materials on the Site, including the design, layout, and organization (collectively referred to as “Content”), are owned and copyrighted by MomentMD and are protected by all applicable intellectual property laws. The Content contains trademarks, service marks, and registered trademarks of MomentMD and its licensors. All rights and title to the Content, trademarks and service marks herein remain with MomentMD or its licensors. You are authorized to view the site and Content. You are not authorized to alter, obscure, or remove any copyright or trademark notice present in the Content. All rights not expressly granted herein are reserved to MomentMD. You may not reproduce, duplicate, copy, sell, trade, resell, or exploit for commercial gain any portion of the Sites or the Content. You agree not to change or delete any copyright or proprietary notice from materials downloaded from this site or any site accessible through this site. You may not link to this site. THIS SITE CONTAINS NO MARKETING OR ADVERTISING MomentMD does not market, advertise, or provide commercial sponsorship for the products, goods, or services of any third party and has no financial arrangements with any third party to advertise, market, or provide commercial sponsorship of specific products, goods or services. EXTERNAL LINKS The Sites may contain links to third-party websites. Linked sites are not under the control of MomentMD, and MomentMD is not responsible for the content of any linked site. Links are provided as a convenience only, and a link does not imply that MomentMD endorses, sponsors, or is affiliated with the linked site. Your use of third-party web sites is at your own risk and subject to the terms and conditions of use for such sites; these Terms do not apply to other websites. MomentMD disclaims any and all liability for any medical and health treatment information set forth on linked sites. NO ENDORSEMENTS Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name or otherwise does not constitute or imply the endorsement or recommendation of such by MomentMD. Any views expressed by third parties on this Site are solely the views of such third party and MomentMD assumes no responsibility for the accuracy or veracity of any statement made by such third party. INDEMNIFICATION AND LIMITATION OF LIABILITY You agree to defend, indemnify and hold MomentMD, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements (including without limitation reasonable attorney and accounting fees), resulting from or alleged to result from your violation of these Terms and Conditions. IN NO EVENT SHALL MOMENTMD BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF PROFITS, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS WEBSITE OR THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY SUCH PRODUCTS, GOODS, OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MomentMD is not liable to you or anyone else for any decision made or action taken based on use of this Site. CHILDREN The Sites are not intended for children under the age of 18. If you are under 18 years of age, please do not use or access the Sites at any time or in any manner. By using the Sites, you affirm that you are over the age of 18. MomentMD does not seek through this website to gather personal information from or about persons under the age of 18 without the consent of a parent or guardian. REFUND POLICY If you cancel an appointment twenty-four (24) hours or more prior to the time of the appointment, MomentMD will refund the full amount you have paid. If you cancel an appointment six (6) hours or more, but less than twenty-four (24) hours prior to the time of the appointment, MomentMD will refund fifty per cent (50%) of the full amount you have paid. If you cancel an appointment less than six (6) hours prior to the time of the appointment, no refund will be provided by MomentMD. CHOICE OF LAW AND JURISDICTION These Terms and Conditions of Use are governed by the laws of Florida. If any provision of these Terms and Conditions of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions of Use, which shall remain in full force and effect.