Please read these Terms of Service (“Agreement”) carefully. By clicking on the mechanism designed to acknowledge agreement and/or continuing to access or use the Services (as defined below), you consent to this Agreement. If you do not agree to this Agreement, do not click on the mechanism designed to acknowledge agreement and do not install, access, or otherwise use all or any portion of the Services.
Modern Migraine MD PLLC (“PLLC” or “we”) operates the website located at www.modermigrainemd.com and other related websites and mobile applications with links to this Agreement (collectively, the “Site”). We offer online telehealth services enabling you to report your health history and engage healthcare professionals (“Healthcare Professionals”) to obtain medical and healthcare services (collectively, the “Services”). Your use of the Services is governed by this Agreement regardless of how you access the Services, including through the Internet, through Wireless Access Protocol (commonly referred to as “WAP”), through a mobile network or otherwise.
By agreeing to this Agreement, you acknowledge that you have read and been provided with a copy of PLLC’s privacy notice which is available at www.modernmigrainemd.com/privacy.
1. IF YOU HAVE, OR ARE HAVING, A MEDICAL EMERGENCY, YOU SHOULD CONTACT YOUR LOCAL EMERGENCY NOTIFICATION SYSTEM, OR GO TO YOUR LOCAL EMERGENCY ROOM.
3. When you register on the Site, you are required to create an account (“Account”) by entering your name, email address, password and certain other information collected by PLLC (collectively “Account Information”). To create an Account, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use our Services; provided however, a parent or legal guardian may do so on your behalf. You agree that the Account Information that you provide to us at all times, including during registration and in any information you upload to the Site, will be true, accurate, current, and complete. You may not transfer or share your Account password with anyone, or create more than one Account (with the exception of accounts established for children of whom you are the parent or legal guardian). You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. PLLC reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Site and your Account Information. In no event and under no circumstances shall PLLC be held liable to you for any liabilities or damages resulting from or arising out of your use of the Site, your use of the Account Information or your release of the Account Information to a third party. You may not use anyone else’s account at any time.
4. Taping/Photographing. You agree not to tape/photograph sessions in any format (video, audio, etc). Taping/photographing without the PLLC’s written permission may, at PLLC’s sole discretion, result in termination of the provider relationship and could result in a report to the police department. With regard to your use of the services provided by PLLC, you must at all times comply with all applicable state, local and federal laws and regulations.
5. You acknowledge and agree that the provider working with you will need to verify your identity during the intake session. You agree that, if and when requested by PLLC, you will be required to provide a copy of your identification card (e.g., driver’s license, etc.) and/or hold your identification cared up to your phone/tablet/computer camera for this purpose.
6. You acknowledge and agree that it is important that you let the provider know where you are located anytime you have a session with PLLC so that, in the event of an emergency (e.g., medical emergency, imminent threat to commit suicide/homicide), the provider can contact the proper personnel to help you.
7. PLLC operates subject to Federal and state regulation and may not be available in certain states. PLLC does not prescribe DEA-controlled substances, non-therapeutic drugs and certain other drugs which may be harmful because of their potential for abuse. PLLC providers reserve the right to deny care due to potential misuse of services.
8. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND/OR SERVICES IS AT YOUR SOLE RISK. BOTH THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PLLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION.
9. LIMITATION OF LIABILITY. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL PLLC OR ITS OWNERS, OFFICERS, EMPLOYEES, DIRECTOR, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. NEITHER PLLC NOR ANY THIRD PARTIES MENTIONED ON THE SITE ARE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SITE AND/OR SERVICES. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SITE. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
10. Changes. We may change this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Services. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. Your use of the Services following any changes to this Agreement will constitute your acceptance of such changes. The “LAST UPDATED” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Services (including access to the Services via any third-party links); charge, modify or waive any fees required to use the Services; or offer opportunities to some or all Services users.
13. Third-Party Content; No Statement as to Accuracy. To the extent that any of the content included in the Site is provided by third-party content providers, practitioners, or other Site users, PLLC has no editorial control or responsibility over such content. Therefore, any opinions, statements, products, services or other information expressed or made available by professionals, third-party suppliers or users on the Site are those of such professional, third-party suppliers or users, respectively. PLLC does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the content displayed on the Site or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with PLLC.
14. Feedback. If you provide to us any ideas, proposals, suggestions, recommendations or other materials (“Feedback”), whether related to the Services or otherwise, PLLC and our affiliates will be free to use and disclose the Feedback in our sole discretion without any obligations or restrictions of any kind, including creating and distributing any product or service that incorporates the Feedback without paying you any royalties. You hereby acknowledge and agree that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place PLLC under any fiduciary or other obligation.
16. Trademarks. Certain of the names, logos, and other materials displayed on the Site or in the Services may constitute trademarks, trade names, service marks or logos (“Marks”) of PLLC or other entities. You are not authorized to use any such Marks without the express written permission of PLLC. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
17. Termination. This Agreement is effective until terminated. PLLC may terminate or suspend your use of the Services at any time and without prior notice, including if PLLC believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Services will immediately cease, and PLLC may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. Sections 8 through 20 will survive any expiration or termination of this Agreement.
19. Disclosures. All Health Professionals rendering Services on behalf of PLLC hold professional licenses issued by the professional licensing boards in the states where they practice. All physicians hold advanced degrees in medicine and have undergone postgraduate training. You can report a complaint relating to the care provided by a Healthcare Professional by contacting the professional licensing board in the state where the care was received. You can find the contact information for each of the state professional licensing boards governing medicine on the Federation of State Medical Boards website at http://www.fsmb.org/state-medical-boards/contacts. Any clinical records created as a result of your use of the Services will be securely maintained by PLLC for a period that is no less than the minimum number of years such records are required to be maintained under state and federal law, and which is typically at least six years.
20. Governing Law; Jurisdiction. This Agreement is governed by and will be construed in accordance with the laws of the State of New York, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. You agree to exclusive jurisdiction of the federal and state courts located in New York, New York, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts.
21. Information or Complaints. If you have a question or complaint regarding the Services, please send an e-mail to email@example.com. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us
22. Miscellaneous. This Agreement does not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and PLLC. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Neither a course of dealing or conduct between you and us nor any trade practices shall be deemed to modify this Agreement. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement will be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and PLLC relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and PLLC relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Services or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. PLLC will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
24. You acknowledge and understand that the services rendered by providers through the Site are rendered on a consultative basis and are intended to supplement, and not replace, the services rendered by your primary care provider and/or primary neurologist. Furthermore, you acknowledged that the services rendered through the Site are dependent on the information provided by you to providers through the Site (e.g., past medical history, prior diagnostic test results, etc.). Any advice and/or guidance provided by providers through the Site may become inapplicable to the extent any information that you provide is inaccurate or incomplete in anyway or if your condition changes.
25. You acknowledge that Content (as defined below) may be provided by individuals in the medical field, the provision of such Content, in and of itself, does not create a medical professional/patient relationship, and does not constitute a medical opinion, medical advice, or diagnosis or treatment, but is provided for informational purposes only. “Content” means any and all text, data, graphics, images, photographs, video, audio, information, suggestions, guidance, content and other materials provided, made available or otherwise found in blog posts and/or podcasts made available via the Site. The Content is not intended to substitute for or replace any other diagnostic or therapeutic services. If you rely on any Content, you do so solely at your own risk.