Terms and Conditions

Terms and Conditions

These Terms and Conditions define the obligations of Direct2MD, LLC (Direct2MD) its Business Associates New Pharmacy Ventures, LLC (New Pharmacy Ventures) and its authorized agents and the Service Subscriber. The purpose of these definitions is to establish the basic rules of safe and fair use of Direct2MD Services. Direct2MD its Business Associates, and its authorized agents reserve the right to immediately and without advance notice terminate the service and deny access to individuals who do not abide by the Terms and Conditions.

By using the Direct2MD telemedicine service, I indicate my acceptance of Direct2MD Terms and Conditions. If I do not accept the Direct2MD services Terms and Conditions I should not use this Service. If Direct2MD, it Business Associates, or authorized agents require a change to these Terms and Conditions they will post those changes prominently. My continued use of the Services following the posting of changes to these terms indicates my acceptance of those changes. Changes to the Terms and Conditions will become effective immediately upon posting on Service Website and shall supersede all prior versions of the Terms and Conditions and unless otherwise noted.

Privacy and Security

Direct2MD considers the privacy of patient health information to be a critically important element of the subscriber/Direct2MD Service relationship. It is Direct2MD's responsibility to maintain the confidentiality of health information. Pursuant to Health Insurance Portability and Accountability Act of 1996 (HIPAA), I acknowledge that I have received a copy of the Facility's Notice of Privacy Practices. I hereby consent to disclosure of my protected information, including information generated through use of virtual health or telemedicine services, as described in the Notice of Privacy Practices. This will include all of my protected health information generated during utilization of Services.

I understand that it is extremely important that I keep my login credentials for the Service completely confidential. If at any time I feel that the confidentiality of my password has been compromised, I will change it by contacting help@oncodermlabs.com.

I understand that Direct2MD or their authorized vendors and agents take no responsibility for and disclaim any and all liability or damages arising from a breach of health record confidentiality resulting from my sharing or losing my password. If Direct2MD or their authorized vendors and agents discovers that I have inappropriately shared my password with another person, or that I have misused or abused my online access privileges in any way, my access to the Service will be discontinued without prior notice.

Use of Direct2MD for Health Care Services

My registration for Direct2MD and its Business Associate (New Pharmacy Ventures) authorizes my utilization of services as provided in this agreement. It is my duty to be truthful and accurate with all the information I provide verbally, by text massage, or that I enter or upload to the Service Website, including but not limited to my physical condition, chief complaint, and the documented location of my permanent residence upon accessing the Service. I acknowledge that my ability to access and use the Direct2MD service is conditioned upon the truthfulness of this certification and that the providers of the Service rely on the certification of this information in order to interact with me. In the event that my certification is inaccurate, I agree to indemnify Direct2MD and the providers I interact with from any resulting damages, costs or claims.

The law requires that every medical diagnostic or treatment encounter be documented. The documentation of consultation encounters with Direct2MD is maintained in an electronic health record (EHR). While my account with Direct2MD and its Business Associate (New Pharmacy Ventures) is active and in good standing, I will have unlimited access to my medical information stored in my EHR.

Direct2MD's telemedicine consults are provided by clinicians dedicated to the safe and effective, evidence-based practice of telemedicine. By agreeing to the Service, I agree to enter into a clinician-patient relationship with Direct2MD's providers. I agree to have my medical history and other diagnostic and medical documentation reviewed by one of Direct2MD's clinicians. I acknowledge that Direct2MD's clinicians may choose not to treat my condition or prescribe a medication for my condition. Direct2MD's clinicians do not prescribe DEA controlled substances, non-therapeutic drugs and certain other drugs which may be harmful because of their potential for abuse. Direct2MD's clinicians reserve the right to deny care for potential misuse of services. I understand that the health care services rendered by Direct2MD's clinicians are subject to their discretion and professional judgment. I understand that Direct2MD operates subject to state regulations and the visits will be conducted based upon the direction of these regulations, that may vary from state to state.

My consultation report will be made available to review to ensure that relevant signs and symptoms of my presenting complaint and treatment decision and instructions issued by the Direct2MD health care provider are correct. I am advised to immediately contact Direct2MD if I disagree with or do not understand the contents of the consultation report or the instructions issued by the treating Direct2MD health care provider.

I understand that Direct2MD should never be used for urgent matters. Therefore, for all urgent matters that I believe may immediately affect my health or well-being, I will, without delay, go to the emergency department of a local hospital, and/or dial 911.

Patient Consent to the Use of Telemedicine

I HAVE READ AND UNDERSTAND THE INFORMATION PROVIDED ABOVE, AND UNDERSTAND THE RISKS AND BENEFITS OF TELEMEDICINE, AND BY ACCEPTING THESE TERMS OF USE I HEREBY GIVE MY INFORMED CONSENT TO PARTICIPATE IN A TELEMEDICINE VISIT UNDER THE TERMS DESCRIBED HEREIN. BY CLICKING THE "AGREE" BUTTON YOU ARE CONSENTING TO RECEIVING CARE VIA THE SERVICE. THE SCOPE OF CARE WILL BE AT THE SOLE DISCRETION OF THE HEALTHCARE PHYSICIAN WHO IS TREATING YOU, WITH NO GUARANTEE OF DIAGNOSIS, TREATMENT, OR PRESCRIPTION. THE HEALTHCARE PHYSICIAN WILL DETERMINE WHETHER OR NOT THE CONDITION BEING DIAGNOSED AND/OR TREATED IS APPROPRIATE FOR A TELEHEALTH ENCOUNTER VIA THE SERVICE.

I understand that Direct2MD, its Business Associates, and authorized agents take no responsibility for and disclaim any and all liability arising from any inaccuracies or defects in software, communication lines, the virtual private network, the Internet or my Internet Service Provider (ISP), access system, computer hardware or software, or any other service or device that I use to access my account

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS Oncoderm Labs (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts. User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out. Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs. YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events. Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at help@oncodermlabs.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions. Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: * Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; * Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; * Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; * Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; * Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and * Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Miami, Florida before one arbitrator. The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Oncoderm Labs’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

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