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TERMS AND CONDITIONS

Effective: May 1, 2019 MomentMDTM owns and operates the websites located at www.momentmd.com and various mobile applications (collectively, the “Site” or “Sites”). Through this Site we operate various online services that enable eligible individuals (“Members”) to receive various types of health care information and telehealth services (“Services”). The Site also has public portions that allow anyone to educate themselves on the Services available from MomentMD. APPLICABILITY OF THESE TERMS AND CONDITIONS These Web and Mobile Terms and Conditions (“Terms and Conditions”) govern your use of the Site. Use of the Site constitutes your acceptance of these Terms and Conditions and the Privacy Policy. If you do not agree to these Terms, you should immediately cease all use of and access to all of the Sites. AGREEMENT TO THESE TERMS AND CONDITIONS Your access and use of the Site are subject to your agreement with these Terms and Conditions and the Web and Mobile Privacy Policy. By using the site, you expressly agree to the terms of this Terms of Use. If you do not agree with this Terms and Conditions, please do not use or access the Site for any purpose. Please print a copy of these Terms and Conditions for your records. MODIFICATIONS TO THESE TERMS AND CONDITIONS MomentMD may revise these Terms and Conditions at any time. Should these Terms and Conditions change materially, MomentMD will give notice to you and all users by posting a notice regarding the updated Terms and Conditions on the Site. New Terms and Conditions will be effective as of their posting unless otherwise stated. By accessing or using the Site after such changes are posted you agree and consent to all such changes. Important Information about Your Use of the Services Do not use the services for emergency medical needs.  if you experience a medical emergency, call 9-1-1 immediately. MomentMD does not provide any physicians’ or other healthcare providers’ (collectively, “Providers”) services itself.  All of the Providers are independent of MomentMD and merely using the Services to communicate with you.  Any information or advice received from a Provider comes from the Provider, and not from MomentMD.  Your interactions with the Providers via the Services are not intended to take the place of your relationship(s) with your regular health care practitioner(s). Neither MomentMD nor any of its licensors or suppliers or any third parties who promote the Services or provide you with a link to the Services shall be liable for any professional Advice you obtain from a Provider via the Service nor for any information obtained from our Services.  You acknowledge your reliance on any Providers or information provided by the Services is solely at your own risk and you assume full responsibility for all risk associated therewith. MomentMD does not make any representations or warranties about the training or skill of any Providers using the Services.  You are ultimately responsible for choosing your particular Provider on the Services. You hereby certify that you are physically located in the State you have entered as your current location on the Services.  You acknowledge that your ability to access and use the Services is conditioned upon the truthfulness of this certification and that the Providers you access through the Services are relying upon this certification in order to interact with you.  In the event that your certification is inaccurate, you agree to indemnify MomentMD and the Providers you interact with from any resulting damages, costs, or claims. You hereby certify that you are not a Medicare or Medicaid beneficiary.  If you provide false or deceptive information regarding your Medicare or Medicaid enrollment status, MomentMD reserves the right to terminate all current or future use of the Services by you. DISCLAIMER The Site is provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, MomentMD disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. MomentMD does not warrant that the Site will be uninterrupted or error-free, that defects will be corrected or that the Site or the server that makes it available are free of viruses or other harmful components. MomentMD will use reasonable efforts to keep the content timely and accurate, but makes no guarantees, and disclaims any implied warranty or representation about its accuracy, relevance, timeliness, completeness, or appropriateness for a particular purpose. MomentMD assumes no liability arising from or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site.

  • Medical services rendered by your physician are subject to their professional judgment.
  • MomentMD operates subject to state regulation and may not be available in certain states.
  • MomentMD does not guarantee that a prescription will be written.
  • MomentMD physicians do not prescribe DEA controlled substances, non-therapeutic drugs and certain other drugs which may be harmful because of their potential for abuse.
  • MomentMD physicians reserve the right to deny care for potential misuse of services.
  • MomentMD video consultations are subject to scheduled availability.
  • MomentMD and the MomentMD logo are registered trademarks of MomentMD. and may not be used without written permission.

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 privacy@momentmd.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:

  • Send or otherwise transmit to or through the Sites 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 Sites or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;
  • Misrepresent your identity or affiliation in any way;
  • Restrict or inhibit any person from using the Sites, disclose personal information obtained from the Sites or collect information about users of the Sites;
  • Reverse engineer, disassemble or decompile any section or technology on the Sites, or attempt to do any of the foregoing;
  • Gain unauthorized access to the Site, to other users’ accounts, names, personally identifiable information or other information, or to other computers or websites connected or linked to the Sites;
  • Launch or use any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access the Site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
  • Send or otherwise transmit to or through the Site chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising goods and services;
  • Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;
  • Violate any applicable laws or regulations or these Terms and Conditions;
  • Alter or modify any part of the Content or services offered on the Site; or
  • Assist or permit any persons in engaging in any of the activities described above.

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.  

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