direct-meds.com (“direct-meds.com” the “Company”, “we,” or “us”) and/or its affiliates owns and operates the websites located at www.direct-meds.com and may have previously, now or in the future own and/or operate a mobile application (collectively, the “Platform”). Your access and use of the Platform, any part thereof, or anything associated therewith, including its content (“Content”), any products or services provided through the Platform or otherwise by direct-meds.com, and any affiliated website, software or application owned or operated by direct-meds.com (collectively, including the Platform and the Content, the “Service”) are governed by these Terms and Conditions (“Terms and Conditions” or “Agreement”).
Please read this Agreement carefully because it sets forth the important terms you will need to know about the Service. In this Agreement, the terms “you” and “yours” refer to the person using the Service.
BY CLICKING “I AGREE,” OR CHECKING A RELATED BOX TO SIGNIFY YOUR ACCEPTANCE, USING ANY OTHER ACCEPTANCE PROTOCOL PRESENTED THROUGH THE SERVICE (AS DEFINED BELOW) OR OTHERWISE AFFIRMATIVELY ACCEPTING THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT CREATE AN ACCOUNT OR USE THE SERVICE. YOU HEREBY GRANT AGENCY AUTHORITY TO ANY PARTY WHO CLICKS ON THE “I AGREE” BUTTON OR OTHERWISE INDICATES ACCEPTANCE TO THESE TERMS AND CONDITIONS ON YOUR BEHALF.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US OR YOU AND THE MEDICAL GROUPS OR PROVIDERS ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR THE SERVICE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH BELOW. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.
IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.
THE SERVICE IS NOT APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. THIS AGREEMENT IS SUBJECT TO CHANGE AS PROVIDED HEREIN.
Your access to and use of the Service is subject to this Agreement, as well as all applicable laws and regulations. If you do not accept and agree to be bound by this Agreement in its entirety, you are strictly prohibited from visiting, accessing, registering with and/or using the Service or any information or Content provided through the Service, except as necessary to review this Agreement. The Service is continually under development, and we reserve the right to revise or remove any part of this Agreement or the Service in our sole discretion at any time and without prior notice to you. Any changes to this Agreement are effective upon posting to the Platform. Unless otherwise indicated, any new Content added to the Service is also subject to this Agreement upon posting to the Platform. If you disagree with this Agreement or any terms or conditions herein, your sole remedy is to discontinue your use of the Service. Your continued use after a change to this Agreement has been posted constitutes your acceptance of this Agreement as modified by such changes.
The Platform is not intended for children. If you are under 18 years of age, please do not use or access the Platform at any time or in any manner. By using the Platform, you affirm that you are over the age of 18.
We are a technology company that makes available to individuals who register as users of the Service (“Users”) certain products and services sold or offered by direct-meds.com or by third-party medical providers, pharmacies, or other vendors. Our Service provides access to prescription fulfillment services offered by the following pharmacies:
(the “Pharmacies”). We may also provide you with access to one or more of the following medical groups who provide healthcare services through the Platform (the “Medical Groups”):MDI Medical Group PC and/or their affiliates. These medical groups contract with physicians and allied health professionals on a third-party basis who offer certain healthcare services through the Platform (“Providers”). By accepting this Agreement, you acknowledge and agree that any services you receive from the Pharmacies, Medical Groups or Providers through the Platform are also subject to this Agreement, and that the Pharmacies, Medical Groups and Providers are third-party beneficiaries of this Agreement.
With respect to the Pharmacies, the Medical Groups and the Providers, we act solely as a technology platform to connect you with the products and services offered by the Pharmacies, Medical Groups and Providers through the Service. We do not control or interfere with the practice of medicine by the Providers, each of whom is solely responsible for the medical care and treatment he or she provides to you. direct-meds.com makes no representations or warranties about the suitability, reliability, timeliness or accuracy of the medical care and treatment provided by the Medical Groups or any Providers. By accepting this Agreement, you acknowledge and agree that direct-meds.com is not a healthcare provider and that by using the Service, you are not entering into a doctor-patient or other health care provider-patient relationship with direct-meds.com. By using the Service, you may, however, be entering into a doctor-patient or other health care provider-patient relationship with the Providers.
By accepting this Agreement, you acknowledge and agree that, the Medical Group and/or Providers may send you messages, reports, SMS/phone texts and emails via the Service regarding your diagnosis and/or treatment. You further understand and agree that it is your sole responsibility to monitor and respond to these messages, reports, SMS/phone texts and emails and that neither direct-meds.com nor the Medical Group nor any Provider will be responsible in any way and you will not hold direct-meds.com, Medical Group or any Provider liable for any loss, injury, or claims of any kind resulting from your failure to read or respond to these messages or for your failure to comply with any treatment recommendations or instructions from the Medical Group or your Provider(s).
While you are not establishing a doctor-patient or other health care provider-patient relationship with direct-meds.com, by using the Service, you are establishing a direct customer relationship with direct-meds.com to use the Platform and to purchase any non-prescription products or non-medical services sold directly to you by direct-meds.com through the Platform. In connection with such relationship, you may provide to us, or cause to be provided to us on your behalf, personal information, including health information, that is subject to use by us in accordance with our Privacy Policy. Please refer to the “Privacy Policy” section and the “Protected Information” section below for additional information.
Certain products available for purchase through the Service require that you purchase the product on a subscription basis. For subscription-based products, your payment device will be automatically charged at regular intervals as described for that product during the checkout process. You may cancel a subscription at any time up to forty-eight (48) hours before the applicable monthly processing date of your subscription by turning the auto-refill feature off in the user portal. For questions or issues with disabling the subscription feature, please contact us at [email protected].
In order to simplify the user experience on the Platform, you will only see and be required to pay a single “total” subscription price. However, if a subscription product you purchase required a consultation with a Provider and/or includes a prescription product that you fill through one of the Pharmacies, then the total price you pay includes the amount charged by the Pharmacy for the prescription drug and the amount charged by the Medical Group for the services of the Provider, as well as the amount we charge use of and access to the Platform. We collect the amounts charged by the Pharmacies and the Medical Groups on behalf of the Pharmacies and Medical Groups and pass the applicable amounts through to them.
Certain products available through the Platform require a valid prescription by a licensed healthcare provider. You will not be able to obtain a prescription product unless you have completed a consultation with one of the Providers through the Platform, the Provider has determined the prescription product is appropriate for you and the Provider has written a prescription.
If a Provider determines a prescription product is appropriate for you and writes a prescription, it will be filled through one of the Pharmacies by using the Platform and you voluntarily and unconditionally waive your right to fill the prescription at any pharmacy of your choice. If you do not want to waive your right, do not purchase the service. You acknowledge, represent and warrant that by purchasing the service you have entered into the aforementioned waiver. If you have any questions about this waiver please contact [email protected].. Prescriptions fulfilled by the Pharmacies do not use child-resistant packaging and prescription products will not be dispensed in child-resistant containers.
If you complete a consultation with a Provider and fill a prescription through one of the Pharmacies, the prescription product will be shipped to you by the applicable Pharmacy.
Our Service is currently only available to individuals who are located in states in which we offer the Service, are at least eighteen (18) years of age or older, or at least the age of majority in their jurisdiction of residence, if higher than eighteen (18), and who have accepted this Agreement. By visiting, accessing, registering with or using the Service, you are (a) representing and warranting to us that you satisfy all of these eligibility requirements, (b) representing and warranting that when you use the Service to consult with a Provider, you are located in the same state as the shipping address you provide in your account, (c) agreeing to comply with all applicable laws in visiting, accessing, registering with our using the service, and (d) agreeing that you will only use the Service for lawful purposes. Our Service is subject to state regulations and may change from time to time due to changes in applicable regulatory requirements.
Certain products available through the Service are subject to additional age restrictions, and not all products or services on our Platform are available to all ages.
In some cases, the Service may not be the most appropriate way for you to provide information to, communicate with or seek medical care and treatment from a healthcare provider. For example, certain medical conditions may require an in-person procedure or a healthcare provider other than your Provider, or your Provider may determine that your diagnosis and/or treatment requires an in-person office visit or are otherwise not appropriately addressed through use of the Service. In such a case, you may receive notification that you will be unable to use the Service for the particular issue you submitted and providing additional information regarding next steps.
Telehealth involves the delivery of healthcare services using electronic communications, information technology or other means between a healthcare provider and a patient who are not in the same physical location. While the provision of health care services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth. The telehealth services are not a substitute for in-person health care in all cases. In order to use the Service, you will be required to review and agree to an informed consent regarding the use of telehealth (the “Patient Consent”) that will be provided to you by the Medical Groups and Providers through the Platform. You agree that direct-meds.com is a third-party beneficiary of the Patient Consent and has the right to enforce it against you.
You are responsible for providing and maintaining, at your own risk, option and expense, appropriate software and hardware capabilities (consistent with any technical, quality or other requirements described in the Service) to enable use of the Service, including but not limited to, a computer or mobile device with a video camera and Internet access. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Service. You also have a duty to provide truthful, accurate and complete information in any forms or other communications you submit to or through the Service. We reserve the right to change the access configuration, including any software, hardware or other requirements of the Service at any time without prior notice. direct-meds.com explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section.
direct-meds.com understands the importance of confidentiality and privacy regarding your personal information. Please see our Privacy Policy for a description of how we may collect, use and disclose your personal information.
When you set up an account with direct-meds.com, you are creating a direct customer relationship with direct-meds.com that enables you to access and/or utilize the various functions of the Service as a user. As part of that relationship, you provide information to direct-meds.com, including but not limited to your name, email address shipping address and phone number, that we may collect, use and disclose in accordance with our Privacy Policy, and that we do not consider to be “health” or “medical” information.
However, in using certain components of the Service, you may also provide certain medical information that may be protected under applicable laws. direct-meds.com is not a “covered entity” under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, “HIPAA”). However, in some circumstances direct-meds.com may be a “business associate” of a Pharmacy or Medical Group. To the extent direct-meds.com is deemed a “business associate”, and solely in its role as a business associate, direct-meds.com may be subject to HIPAA with respect to “protected health information,” as defined under HIPAA, that you provide to the Medical Group (“PHI”). In addition, any medical or health information that you provide that is subject to specific protections under applicable state laws (collectively, with PHI, “Protected Information”), will be used and disclosed only in accordance with such applicable laws. However, any information that does not constitute Protected Information under applicable laws may be used or disclosed in any manner permitted under our Privacy Policy. Protected Information does not include information that has been de-identified in accordance with HIPAA.
You are obligated to register and set up an account in the Platform in order to access the Service, and the Service is available only to Users who have registered and have been granted accounts with usernames and passwords. You agree to accurately maintain and update any information about yourself that you have provided to direct-meds.com, the Medical Group or its Providers or the Pharmacies. If you do not keep such information current, or fail to submit truthful, accurate and complete information, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and your use of the Service. You also agree to immediately notify direct-meds.com of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Service by emailing direct-meds.com at [email protected]. In addition, you agree to keep confidential your username and password and to exit from your User account at the end of each session. direct-meds.com explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section. You may not use anyone else’s account at any time.
When establishing an account, you will be required to provide a username and password that will be used as your login for your account. To help protect the privacy of data you transmit through the Service, where personally identifiable information is requested, we also use technology designed to encrypt the information that you input before it is sent to us using Secure Sockets Layer (SSL) technology or similar encryption technology. In addition, we take steps to protect the User data we collect against unauthorized access. However, you should keep in mind that the Service and our services are run on software, hardware, and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security beyond our control. In addition, persons with access to your computer, phone, or other mobile or other devices may be able to access the Service and information about you, including medical information, contained in the Service. It is your responsibility to affirmatively logout from your account when you are not actively using it. It is also your responsibility to secure and prevent unauthorized physical access to your computer, phone and other devices, and to protect the confidentiality of your username and password.
You must exercise caution, good sense, and sound judgment in using the Service. You are prohibited from violating, or attempting to violate, the security of the Service. Any such violations may result in criminal and/or civil penalties against you. direct-meds.com may investigate any alleged or suspected violations and if a criminal violation is suspected, direct-meds.com may cooperate with law enforcement agencies in their investigations.
The Service and the information and Content available through the Service are protected by copyright laws throughout the world. Subject to this Agreement, direct-meds.com grants you a limited, non-transferable, revocable license to access and use the Service for your personal use. Unless otherwise specified by direct-meds.com in a separate license, your right to use any of the Service or the Content is subject to this Agreement and all rights in the Service and Content are reserved by direct-meds.com. You agree that direct-meds.com and its suppliers own all rights, title and interest in the Service (including but not limited to, any computer code, themes, objects, concepts, photographs, product descriptions, blog posts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, and documentation). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service. direct-meds.com, stylized names and other related graphics, logos, service marks and trade names used on or in connection with the Service are the trademarks of direct-meds.com and may not be used without permission, including in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Service are the property of their respective owners.
Subject to any limitations on PHI described herein, any information you transmit to direct-meds.com via the Service, whether by direct entry, submission, email or otherwise, including data, questions, comments, forum communications, or suggestions (collectively, “Feedback”), will, to the extent permitted under applicable law, be treated as non-confidential and non-proprietary. Subject to any applicable account settings that you select, you grant direct-meds.com a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Feedback (in whole or in part) for the purposes of operating and providing the Service to you and to our other users. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Feedback has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not direct-meds.com, are responsible for all Feedback that you provide to the Service. In addition to the foregoing, direct-meds.com shall have the right, in its sole discretion, to edit, duplicate, or alter the Feedback in any manner for any purpose that direct-meds.com deems necessary or desirable, and you irrevocably waive any and all so-called moral rights you may have in the Feedback. You further agree that you shall have no right of approval and no claim to compensation in connection with the Feedback.
If any Feedback you provide contains Protected Information, direct-meds.com’s rights under this section with respect to the use or disclosure of such Protected Information will be limited as and to the extent required under applicable law.
Any use or attempted use of the Service (i) for any unlawful, unauthorized, fraudulent or malicious purpose, (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii) that could interfere with any other party’s use and enjoyment of the Service, (iv) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining or any other means, (v) to access systems, data, or information not intended by direct-meds.com to be made accessible to a user, (vi) to obtain any materials, or information through any means not intentionally made available by direct-meds.com, (vii) to reverse engineer, disassemble or decompile any section or technology on the Service, or (viii) for any use other than the business purpose for which it was intended, is prohibited.
In addition, in connection with your use of the Service, you agree you will not: (a) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic, or that may invade another’s right of privacy or publicity; (b) create a false identity or duplicative accounts for the purpose of misleading others or impersonate any person or entity, including, without limitation, any direct-meds.com representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (d) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware or any other similar software or programs that may damage the operation of another’s computer or property of another; (e) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; (f) use the Service’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); (g) upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing” or any other form of solicitation, commercial or otherwise; (h) violate any applicable local, state, national or international law; (i) upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; (j) delete or revise any material posted by any other person or entity; (k) manipulate or otherwise display the Service by using framing, mirroring or similar navigational technology; (l) probe, scan, test the vulnerability of or breach the authentication measures of, the Service or any related networks or systems; (m) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so; (n) harvest or otherwise collect information about others, including email addresses; (o) use any robot, spider, scraper, or other automated or manual means to access the Service, or copy, download, distribute or reproduce any content or information on the Service; or (p) assist or permit any person in engaging in any of these activities.
direct-meds.com reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a User’s access and/or account. direct-meds.com may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.
Except as may be provided in the Privacy Policy or prohibited by applicable law, direct-meds.com reserves the right at all times to disclose any information as direct-meds.com deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in direct-meds.com’s sole discretion.
direct-meds.com reserves the right to monitor general use of the Service at any time as it deems appropriate and to remove any materials that, in direct-meds.com’s sole discretion, may be illegal, may subject direct-meds.com to liability, may violate this Agreement, or are, in the sole discretion of direct-meds.com, inconsistent with direct-meds.com’s purpose for the Service.
Parties other than direct-meds.com, including Pharmacies, Medical Group and Providers (collectively, “Third-Parties”) provide services or sell products through the Service, and direct-meds.com may also make available to you for purchase certain services, devices, items or products manufactured, distributed or sold by Third-Parties (“Third-Party Goods and Services”). Your use of any Third-Party Goods and any interactions with Third-Parties, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such use or interactions, are solely between you and such Third-Parties. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction involving Third-Parties or any Third-Party Goods and Services. You are solely responsible for, and shall exercise caution, discretion, common sense and judgment in, using the Service and disclosing personal information.
You agree that direct-meds.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of your use of the Platform, any Third-Party Goods and Services or your interactions with any Third-Parties. In the event of any dispute between you and any Third-Party, any other User or any other entity or individual, you understand and agree that direct-meds.com is under no obligation to become involved in such dispute, and you hereby release and indemnify direct-meds.com, its affiliates and all of their respective contractors, directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys (collectively, “direct-meds.com Parties”) from any and all claims, demands and/or damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Service or the features and services therein. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Certain of direct-meds.com’s shareholders, directors, officers, employees, contractors or agents (collectively, “direct-meds.com Owners and Personnel”) may have a financial interest in one or more Third-Parties, and may profit from your use of the Third-Parties and/or the sale of Third-Party Goods and Services to you.
The Platform may contain links to third-party websites. Linked sites are not under the control of direct-meds.com, and direct-meds.com is not responsible for the content of any linked site. Links are provided as a convenience only, and a link does not imply that direct-meds.com endorses, sponsors, or is affiliated with the linked site. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites; these Terms and Conditions do not apply to other websites. direct-meds.com disclaims any and all liability for any information, including but without limitation, any medical and health treatment information set forth on linked sites.
All products offered for sale by direct-meds.com are subject to availability and we reserve the right to impose quantity limits on any order or reject all or any part of an order without prior notice. We do not offer any refunds or returns. In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged. Prices for products are subject to change at any time, but changes will not affect any order for products you have already placed. You are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees (“Taxes”) due with respect to your purchase of products or services through our Service. We will collect applicable Taxes if we determine we have a duty to collect Taxes. We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual Taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates. We are not required to, and do not, collect Taxes in all states. You may have a duty to directly report and pay Taxes if we do not collect such Taxes.
Only valid payment methods acceptable to us may be used to complete a purchase via the Service. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your order (including any applicable taxes and shipping and handling charges). If any of the products in your order are unavailable, we will only charge the prices, Taxes and other applicable charges associated with the products that are included in the shipment. In connection with any purchase you make through the service, you may be asked to supply certain information relevant to the transaction, including, without limitation, your credit card number and expiration date, your billing address, your shipping address, your phone number and/or your email address. By submitting such information, you grant direct-meds.com without charge the irrevocable, unencumbered, universe-wide and perpetual right to provide such information to third parties (e.g., payment processing companies, buyers on the Service, sellers on the Service) for the purpose of facilitating the transaction.
All credit card, debit card and other monetary transactions on or through the Service occur through an online payment processing application(s) accessible through the Service. This online payment processing application(s) is provided by direct-meds.com’ third-party online payment processing vendor. Additional information about the processing vendor, its privacy policy and its information security measures (collectively, the “Vendor Policies”) can be made available upon request. Reference is made to the Vendor Policies for informational purposes only and are in no way incorporated into or made a part of this Privacy Policy. direct-meds.com’s relationship with the processing vendor, if any, is merely contractual in nature, as the vendor is nothing more than a third-party vendor to direct-meds.com, and is in no way subject to direct-meds.com’s direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers or the like.
You agree to pay any shipping and handling charges, if any, shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise in writing via the Service, risk of loss or damage to a product passes to you upon delivery of the product to our designated carrier.
We reserve the right to remedy User issues and concerns on a case by case basis. We reserve the right, in our sole discretion, to resolve customer issues and concerns based on the facts and circumstances of each User.
1. Prescription Order Cancellation:
Customers may attempt to cancel their prescription order within 24 hours of placing their initial order if it has not been received by our provider network. To initiate a cancellation, please contact our customer service team at 833-949-8998 or [email protected].
After the 24-hour period, prescription orders cannot be canceled due to the nature of the products.
You may cancel your subscription at any time, but no refunds will be given for medication that has already been received.
2. Refund Policy:
Due to the personal and sensitive nature of prescription products, we do not accept returns or exchanges.
Refunds will only be issued in the following circumstances:
Incorrect prescription medication was sent.
Damaged products upon delivery.
Products that do not meet safety standards.
Products that have not yet shipped.
Medication denied by Direct Meds Doctor
3. Return Process:
If you believe you have received the wrong item or a damaged product, please contact our customer service within 48 hours of receipt. Provide your order number and a detailed description of the issue.
We may request photographs of the product for our records and to assist in resolving the issue. If your package was marked as delivered but not received, you must open an issue ticket with UPS using your tracking number.
4. Prescription Verification:
All prescriptions are subject to verification by our licensed pharmacists. If a prescription cannot be verified or is found to be invalid, the order will be canceled, and a full refund will be issued.
5. Customer Responsibility:
It is the customer’s responsibility to ensure that the prescription is accurate and that all necessary information is provided at the time of ordering.
6. Contact Information:
For any questions regarding our refund and cancellation policy, please contact us at 833-949-8998 or [email protected].
direct-meds.com may terminate your use of the Service or any of our features or services at any time and for any reason without notice, including, for example, for conduct violating this Agreement, if our agreement with the Medical Groups or Pharmacies terminate, or if we discontinue the Service. The provisions of this Agreement concerning Service security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitation of liability, arbitration and resolution of Disputes, indemnity and jurisdictional issues shall survive any such termination or any other termination of this Agreement or your relationship with direct-meds.com. You agree that if your use of the Service is terminated pursuant to this Agreement, you will not attempt to use the Service under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold all direct-meds.com Parties harmless from any and all liability that any such direct-meds.com Parties may incur with respect thereto.
Except as otherwise provided in the Privacy Policy or as required by applicable law (including any obligation to provide access to health records), we have no obligation, whether before or after the termination of your use of the Service, to return or otherwise provide to you or any third party on your behalf any Content, any information you provide to us, any information your Providers provided to us about or relating to you, or any other information that we may have that relates to you.
Content and other information contained on the Service is provided by direct-meds.com as a convenience. The Service may include inadvertent inaccuracies or errors, or information or materials that violate these Terms and Conditions. Any information presented as of a particular date may only be accurate as of such date and we disclaim any responsibility to update such information. Additionally, the possibility exists that a third party could make unauthorized alterations to the content or features of the Service. Although we attempt to ensure the integrity of the Service, we make no guarantees as to their completeness or correctness. Users relying on Content or other information from the Service do so at their own risk.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ANY ACCESS TO OR USE OF THE SERVICE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. THE direct-meds.com PARTIES AND EACH THIRD-PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICE, INCLUDING THE MEDICAL GROUPS, THE PROVIDERS AND THE PHARMACIES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO THE SERVICE, AND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICE OR THE PLATFORM. direct-meds.com DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE SERVICE. direct-meds.com DOES NOT WARRANT THAT THE SERVICE WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, CORRUPTION, CYBER ATTACK, VIRUSES, MALWARE, OR ANY ADVERSE INCIDENT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE direct-meds.com PARTIES OR ANY THIRD-PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICE, INCLUDING THE MEDICAL GROUPS, THE PROVIDERS AND THE PHARMACIES, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES, PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR WRONGFUL DEATH, LOSS OF DATA, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE SERVICE OR ANY SERVICES PERFORMED BY THE MEDICAL GROUP OR ITS PROVIDER(S), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT direct-meds.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE direct-meds.com PARTIES SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000.
ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM, SERVICE OR CONTENT 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 PLATFORM, SERVICE OR CONTENT 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 PLATFORM, SERVICE OR CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT 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 APPLICABLE LAW.
You agree to defend, indemnify, and hold the direct-meds.com Parties and any third-party offering products or services through the Service, including the Medical Groups, Providers and Pharmacies, harmless from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of the Service, your fraud, violation of law, or willful misconduct, any breach by you of these Terms and Conditions or your violation of any rights of any other person or entity. We reserve the right to control the defense of any claim by a third-party for which we are entitled to indemnification, and you agree to provide us with such cooperation as is reasonably requested by us.
Any notices to you from direct-meds.com regarding the Service or this Agreement may be made by email, a posted notice on the Service, or regular mail, in the sole discretion of direct-meds.com.
It is direct-meds.com’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to direct-meds.com by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide us with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Service of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for direct-meds.com’s copyright agent for notice of claims of copyright infringement is as follows: [email protected].
This Agreement and any other agreements direct-meds.com may post on the Service or that you and direct-meds.com may execute from to time constitute the entire agreement between direct-meds.com and you in connection with your use of the Service and supersede any prior agreements between direct-meds.com and you regarding use of the Service, including prior versions of this Agreement.
YOU EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN YOU AND direct-meds.com OR YOU AND ANY OF THE direct-meds.com PARTIES OR ANY MEDICAL GROUP OR PROVIDER ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO direct-meds.com, direct-meds.com PARTIES, THE PLATFORM, THE CONTENT OR THE SERVICE, OR ANY OTHER direct-meds.com GOODS, SERVICES OR ADVERTISING, INCLUDING CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THIS AGREEMENT (COLLECTIVELY “DISPUTES”), SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY THE AAA’S COMMERCIAL ARBITRATION RULES AND, IF THE ARBITRATOR DEEMS THEM APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY “RULES AND PROCEDURES”). YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT, EXCEPT AS EXPRESSLY PROVIDED HEREIN.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual.
Payment of arbitration costs will be governed by the AAA’s fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case direct-meds.com will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. direct-meds.com also reserves the right in its sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses.
The arbitration shall be conducted in Austin, Texas, except that, in the event Austin, Texas is not within 100 miles of your residence, the arbitration may be conducted within 100 miles of your residence, unless the parties agree otherwise in writing. The arbitrator’s award shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction.
For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at https://www.adr.org.
Notwithstanding anything to the contrary herein, to the extent the Dispute arises from: (a) a violation of either party’s intellectual property rights in any manner; (b) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act; and/or (c) any claim for equitable relief; then you and direct-meds.com agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court in Austin, Texas, and both parties agree to submit to the personal jurisdiction of such courts in connection with such proceedings. In addition to the foregoing, either party may assert an individual action in small claims court for Disputes that are within the scope of such court’s jurisdiction in lieu of arbitration as long as such action remains in such court and advances only on an individual (non-class, non-representative) basis.
ALL DISPUTES SUBJECT TO ARBITRATION UNDER THIS AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS. NO PARTY MAY BRING ANY CLAIM SUBJECT TO ARBITRATION PURSUANT TO THIS AGREEMENT AS A PRIVATE ATTORNEY GENERAL, IN A REPRESENTATIVE CAPACITY, OR AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS PROCEEDING. THE CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE JOINED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. NO ARBITRATION SHALL BE CONSOLIDATED OR JOINED WITH ANY OTHER ARBITRATION. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). If a decision is issued stating that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or request for relief, then such claim or request for relief (and only that claim or request for relief) shall be severed from the arbitration and may be brought exclusively in the state or federal courts located in Austin, Texas, subject to the parties’ respective rights to appeal the decision. All other claims or requests for relief shall be arbitrated. The parties agree that any claims or requests for relief that are severed from an arbitration may not proceed in litigation and shall be stayed until all claims between the parties remaining in arbitration are finally resolved. The parties agree to submit to the personal jurisdiction of the federal and state courts located in Austin, Texas for purposes of resolving any claims or requests for relief severed from arbitration pursuant to this paragraph.
You can opt out of the provisions of this Agreement that require the arbitration of Disputes within 30 days of the date that you first agree to any version of this Agreement that requires arbitration of disputes with direct-meds.com. To opt out, you must send your name, residence address, and email address together with a clear statement that you want to opt out of the requirement to arbitrate disputes with direct-meds.com to: direct-meds.com, Inc., [email protected], ATTN: Arbitration Opt-Out.
Before you commence arbitration of a Dispute, you must provide us with a written Notice of Dispute that includes your name, residence address, username (if applicable) and email address associated with your User account (if applicable), a detailed description of the Dispute, and the relief you seek. Before we commence arbitration of a Dispute against you, we will provide a written Notice of Dispute to you with a detailed description of the Dispute and the relief we seek. Any Notice of Dispute you send to us should be mailed to direct-meds.com, Inc., [email protected], ATTN: Dispute Notice. If we are unable to resolve a Dispute within 30 days after the applicable Notice of Dispute is received, either party may commence arbitration. Notwithstanding anything to the contrary in this Agreement, if we make any future material modification to any provisions of this Agreement that govern the arbitration or resolution of Disputes, such changes will not apply to any Dispute between you and us for which either party had previously provided a written Notice of Dispute to the other in accordance with this paragraph. Further, if we make any future material changes to the provisions of this Agreement that govern the arbitration or resolution of Disputes, you may reject such changes by sending a written notice of your rejection decision to us at direct-meds.com, Inc., [email protected], ATTN: Arbitration Opt-Out within 30 days of the effective date of such modifications.
This Service is controlled and operated by direct-meds.com from our offices within United States. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable. Access to the Service from jurisdictions where the contents of the Service are illegal or penalized is prohibited.
The validity, interpretation, construction and performance of this Agreement will be governed by the Federal Arbitration Act and the laws of the State of Texas, without regard to any conflicts of law provisions.
All parts of this Agreement apply to the maximum extent permitted by law. Our failure to enforce any provision of this Agreement will not constitute a waiver of such right. We both agree that if we cannot enforce a part of this Agreement as written, then that part will be replaced with terms that most closely match the intent of the unenforceable part to the extent permitted by law. Except as otherwise provided in this Agreement, the invalidity of part of this Agreement will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.
Neither this Agreement, nor any Content, materials or features of the Service create any partnership, joint venture, employment, or other agency relationship between you and direct-meds.com, the Medical Groups, the Providers or the Pharmacies. You may not enter into any contract on our behalf or bind us in any way.
You may not assign any of your rights under this Agreement, and any such attempt will be null and void. direct-meds.com may, in its sole discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to this Agreement to any affiliate of direct-meds.com or to another third party in the event that some or all of the business of direct-meds.com is transferred to such other third party by way of merger, sale of its assets or otherwise.
Any use of third-party software provided in connection with the Service, or any third-party product or service accessed or used in connection with the Service, will be governed by the applicable third-party’s license or terms of use, and not by this Agreement. In addition this Agreement, your use of the Service must comply with all applicable third-party terms of agreement.
Except for the foregoing or as otherwise specifically set forth in this Agreement, including with respect to the indemnification obligations contained herein in favor of the direct-meds.com Parties, the Medical Groups, and the Providers and the agreement to arbitration, we hereby expressly agree that there is no intent by either party to create or establish third-party beneficiary status rights or their equivalent in any other referenced individual, subcontractor or third party, including the Medical Groups, Providers or Pharmacies, and, except as specifically set forth in this Agreement, that no third party shall have any right to enforce any right or enjoy any benefit that is created or established under this Agreement.
If you have any questions or concerns about this Agreement, please contact us by email at [email protected]. We will attempt to respond to your questions or concerns promptly after we receive them.
The website (“Site”) on which this Terms of Use (“Terms”) appears is owned and operated by Direct Meds (DM) (“DM,” “we,” “our,” or “us”). For purposes of these Terms,
“you” or “your” means the person accessing the Site and any persons that allow others to provide
information about themselves to us. The Site may include: (i) information on healthcare and wellness;
(ii) access to technology-oriented tools for medical treatment; (iii) development and gathering of
healthcare records and healthcare information with retention of the same for us in healthcare provider
appointments and communications; (iv) administrative support in connection with scheduling and for
healthcare provider services; and (v) telecommunications support for using the Services as a means of
direct access to healthcare providers provided by DM and similar affiliated professional entities for
communication, consultations, assessments, and treatment by such healthcare organizations and their
providers, in addition to other documents, tools, products, services, accounts, and offers
(collectively, “Services”).
DM DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR SUGGESTIONS FOR
TREATMENT. PLEASE ONLY CONTACT YOUR PHYSICIAN OR HEALTH CARE PROVIDER CONCERNING YOUR PARTICULAR MEDICAL
CONDITION OR CONCERNS.
AMONG OTHER ACTIVITIES, DM’S SERVICES ENABLE COORDINATION AND
COMMUNICATION WITH A HEALTH CARE PROVIDER. IT DOES NOT REPLACE YOUR RELATIONSHIP WITH ANY PHYSICIAN.
PLEASE DO NOT ATTEMPT TO COMMUNICATE WITH US ABOUT YOUR SPECIFIC MEDICAL CONDITION, EVEN IN AN
EMERGENCY. WE DO NOT MONITOR YOUR COMMUNICATIONS TO US THROUGH THE SITE FOR THESE PURPOSES, AND WE MAY
NOT RESPOND TO YOUR COMMUNICATION IN AN APPROPRIATE TIMEFRAME. CONTACT YOUR PHYSICIAN OR HEALTH CARE
PROVIDER FOR ADVICE CONCERNING YOUR MEDICAL NEEDS. THESE SERVICES MIGHT NOT BE APPROPRIATE FOR ALL
MEDICAL CONDITIONS OR CONCERNS.IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL
911.THESE TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND US. PLEASE READ CAREFULLY THROUGH
ALL SECTIONS OF THESE TERMS. YOUR ACCESS TO AND USE OF THE SITE IS SUBJECT TO THESE TERMS AND ALL
APPLICABLE LAWS, AND WE RESERVE THE RIGHT TO TERMINATE YOUR ACCESS TO THE SITE IF YOU VIOLATE THESE
TERMS. BY CLICKING ON LINKS WITHIN THE SITE, WEBPAGES BEYOND THE SITE’S HOMEPAGE, OR BY CLICKING ON A
BOX OR ICON, YOU AGREE TO THESE TERMS, WHETHER OR NOT YOU COMPLETE A TRANSACTION WITH US AND WHETHER OR
NOT YOU COMPLETE YOUR TRANSACTION ON THE SITE OR THROUGH OTHER CHANNELS, SUCH AS BY TELEPHONE, EMAIL,
FACSIMILE, OR OTHERWISE. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE,
ANY SERVICES AVAILABLE THROUGH THIS SITE, OR ANY INFORMATION CONTAINED ON THIS SITE.
MANDATORY
ARBITRATION NOTICE AND CLASS ACTION AND JURY TRIAL WAIVER.These Terms contain a mandatory
(binding) arbitration provision and class action and jury trial waiver clauses. Except for certain types
of disputes described in the arbitration section below or where prohibited by applicable law, you agree
that disputes between you and us regarding your use of the Site or Services will be resolved by binding,
individual arbitration and you waive your right to participate in a class action lawsuit or class-wide
arbitration, including as a class representative. The arbitrator’s decision will be subject to very
limited review by a court. You will be entitled to a fair hearing, but the arbitration procedures are
simpler and more limited than rules applicable in court. For more details, see below.
We may make
changes to the content available on the Site at any time. We can change, update, add, or remove
provisions of these Terms at any time by posting the updated Terms on the Site. We will make
commercially reasonable efforts to notify you of any material changes to these Terms; however, we are
not obligated to. You waive any right you may have to receive specific notice of such changes to these
Terms except for changes to our agreement to arbitration, which is discussed more fully below. By using
the Site after we have updated the Terms, you are agreeing to the then-current Terms. You are
responsible for regularly reviewing these Terms.
In addition to these Terms, your use of certain
Services may be governed by additional agreements.
Besides these Terms, we also publish a Privacy Policy. Although it is not part of these Terms, we encourage you to read it to better understand how you can update, manage, access, and delete your information.
We reserve the right to withdraw or amend this Site, and any Services or Materials (defined below) we
provide on the Site, in our sole discretion and without notice. We will not be liable if, for any
reason, all or any part of the Site is unavailable at any time or for any period. We also reserve the
right to change the prices or specifications of Services at any time without any notice or liability to
you or any other person; any such price change shall not require customer or patient approval. From time
to time, in our sole discretion and without notice, we may restrict access to some parts of the Site, or
the entire Site, to users, including registered users.
You are responsible for both:
DM is a telehealth company. In some cases, an DM physician or affiliated health care provider
(“Providers”) may use the Services to provide advice or treatment to you. The Provider conducting the
consultation determines the scope of services for diagnosis, treatment, and care. You understand, agree,
and acknowledge that the Services may not be the appropriate solution for all health care needs and that
the Services may not be appropriate for every particular situation and/or may not be a complete
substitute for a face-to-face examination and/or care in every particular situation. A Provider
consulting with you through the Services may not have the benefit of information that would be obtained
by examining you in person and observing your physical condition, in each instance. Therefore, the
Provider may not be aware of facts or information that may affect his or her opinion regarding a
potential diagnosis or treatment recommendation. To reduce the risk to you of this limitation, DM
strongly encourages you to provide all relevant information and discuss any and all diagnosis and
treatment options with your Provider. Moreover, a Provider utilizing DM may be limited by state law in
prescribing certain medications to you without first conducting an in-person physical examination. By
deciding to engage with the Services, you acknowledge and agree that you are aware of these limitations
and agree to assume the risk of these limitations. Furthermore, you agree and accept that: (i) any
diagnosis you may receive is limited and, in some cases, provisional; (ii) the health care services are
not intended, in all cases, to replace a full medical evaluation or an in-person visit with a healthcare
provider; (iii) a Provider acting through the Services may not have important information that is
usually obtained through a “hands-on” physical examination; and (iv) the absence of a physical
examination may affect the health care provider’s ability to diagnose any potential condition, disease
or injury.
Our role is limited to making certain telehealth related information available to you
and helping facilitate your access to telemedicine and medical services. DM is independent from
Providers and is not responsible for such Providers’ acts, communications, or any content provided by
them.
We do not engage in the practice of medicine. We do not provide medical advice. The
decision to follow treatment recommendations rests with you and your Provider. By accessing, using, or
browsing the Site or Services or providing medical history, you do not create a physician-patient or
healthcare provider-patient relationship between you and DM or any of our employees and/or affiliates.
Any Services provided by us, or content accessed by you on the Site are for informational purposes only
and are not intended to replace the advice of your healthcare provider. Please consult your doctor or
other qualified healthcare provider if you have any questions about a medical condition. Call 911 for
all medical emergencies. DM IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS
OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU MAY OBTAIN THROUGH THE SITE.
Unless otherwise specified in these Terms, DM owns all right, title, and interest in and to all
information and screens appearing on this Site, including all Materials provided herein. We provide
content through the Site that is copyrighted or contains protectable trademarks of us or our third-party
licensors and suppliers (collectively, the “Materials”). Materials may include, but are not limited to,
documents, services, software, site design, names, text, graphics, logos, artwork, publications, trade
dress, characters, interfaces, video, images, sounds, photographs, icons, code, software, and other
content, appearing in or on the Site as well as the arrangement thereof.
Subject to these Terms,
we hereby grant to you a revocable, limited, personal, non-exclusive, and non-transferable license to
use, access, view, print, display, and download the Site solely for your personal and non-commercial
use. Except for the foregoing license and as otherwise required or limited by applicable law, you have
no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create
derivative works of, reverse engineer, alter, enhance, or in any way exploit any of the Site or
Materials in any manner or for any purpose that would constitute infringement of our, our licensors’, or
the Site’s other user’s intellectual property rights. All rights not expressly granted herein are
reserved.
If you breach any of these Terms, the above license will terminate automatically and
you must immediately destroy any downloaded or printed Materials.
By forwarding any content or communications to us through the Site or by other electronic means, you thereby grant us a perpetual, royalty-free, fully paid-up, world-wide, irrevocable, non-exclusive, freely transferable, and freely sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, redistribute, and display such content and communications in any form for the purposes of providing the Services and any purpose tangentially related to the Services. No compensation will be paid to you with respect to our or our sublicensees’ use of your communications. By providing or submitting content, you represent and warrant that you own or otherwise control all of the rights to your submitted content and communications as described in this section, including all the rights necessary for you to submit the content and communications and grant the license above.
By using the Site and/or the Services, you consent to receiving electronic communications, including
electronic notices, from us. These electronic communications may include notices about applicable fees
and charges, transactional information and other information concerning or related to the Site and/or
Materials. These electronic communications are part of your relationship with us. You agree that any
notices, agreements, disclosures, or other communications that we send you electronically will satisfy
any legal communication requirements, including that such communications be in writing.
You agree
to pay all fees due for services requested. You will see a prompt for your payment details, such as your
credit card information and any promotional codes you may have. By entering your payment information and
submitting your request, you authorize us, our affiliates, or our third-party payment processors to
charge the amount due.
By accessing or using the Site, you agree that:
The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards,
and other interactive features (collectively, “Interactive Services”) that allow users to post, submit,
publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials
(collectively, “User Contributions”) on or through the Site.
All User Contributions must comply
with the Content Standards set out in these Terms.
Any User Contribution you post to the Site
will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site,
you grant us and our affiliates and service providers, and each of their and our respective licensees,
successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise
disclose to third parties any such material according to your account settings.
You represent and
warrant that:
We have the right to:
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
The information presented on or through the Site is made available solely for general information
purposes. The information provided does not constitute medical advice or counsel. We do not warrant the
accuracy, completeness, or usefulness of this information. Any reliance you place on such information is
strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed
on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of
its contents.
This Site includes content provided by third parties, including materials provided
by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting
services. All statements and/or opinions expressed in these materials, and all articles and responses to
questions and other content, other than the content provided by us, are solely the opinions and the
responsibility of the person or entity providing those materials. These materials do not necessarily
reflect our opinion. We are not responsible, or liable to you or any third party, for the content or
accuracy of any materials provided by any third parties.
This Site may link to other websites that are not sites controlled or operated by us (collectively, “Third-Party Sites”). Certain areas of the Site may allow you to interact and/or conduct transactions with such Third-Party Sites, and, if applicable, allow you to configure your privacy settings in your Third-Party Site account to permit your activities on this Site to be shared with your contacts in your Third-Party Site account and, in certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still on this Site. In any case, you acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than us, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site privacy policy and terms and conditions and/or user guides. We provide links to the Third-Party Sites to you as a convenience, and we do not verify, make any representations, or take responsibility for such Third-Party Sites, including the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR ANY DAMAGES OR LOSSES CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY. Any reference on the Site to any product, service, publication, institution, or organization of any third-party entity or individual does not constitute or imply our endorsement or recommendation.
You may link to our Site, provided you do so in a way that is fair and legal and does not damage our
reputation or take advantage of it, but you must not establish a link in such a way as to suggest any
form of association, approval, or endorsement on our part without our express written consent.
This
Site may provide certain social media features that enable you to:
The Site is operated from the United States and is intended for U.S. residents only. The Site is not approved for distribution outside of the United States and non-U.S. residents should not rely or act upon the information contained within. When using the Site, on the Site, or when using any content provided by us, you must obey all applicable U.S. federal, state, and local laws.
Your use of this Site is at your own risk. The Materials have not been verified or authenticated in whole
or in part by us, and they may include inaccuracies or typographical or other errors. We do not warrant
the accuracy or timeliness of the Materials contained on this Site. We have no liability for any errors
or omissions in the Materials, whether provided by us, our licensors or suppliers or other
users.
TO THE FULLEST EXTENT PROVIDED BY LAW AND EXCEPT AS OTHERWISE PROVIDED HEREIN OR ON THE
SITE, THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY REFERENCED THIRD-PARTY SITE
ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ANY THIRD-PARTY
GOODS OR SERVICES PROVIDED ARE SUPPLIED AS A CONVENIENCE TO YOU AND DO NOT CONSTITUTE SPONSORSHIP,
AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL EXPRESS
AND IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT ALLOWED BY LAW, WE DO NOT WARRANT OR
MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE MATERIALS, ANY
CONTENT, OR OTHER POSTED MATERIALS ON THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS,
RELIABILITY OR OTHERWISE.
BY PROVIDING THE SERVICES ON THE SITE, WE DO NOT IN ANY WAY PROMISE
THAT THE SERVICES WILL REMAIN AVAILABLE TO YOU. WE ARE ENTITLED TO TERMINATE ALL OR PART OF ANY OF THE
SITE AT ANY TIME, IN OUR SOLE DISCRETION WITHOUT NOTICE TO YOU.
WE CANNOT GUARANTEE THE SITE WILL BE AVAILABLE ONE HUNDRED PERCENT (100%) OF THE TIME BECAUSE PUBLIC
NETWORKS, SUCH AS THE INTERNET, OCCASIONALLY EXPERIENCE DISRUPTIONS. ALTHOUGH WE STRIVE TO PROVIDE THE
MOST RELIABLE WEBSITE REASONABLY POSSIBLE, INTERRUPTIONS AND DELAYS IN ACCESSING THE SITE ARE
UNAVOIDABLE AND WE DISCLAIM ANY LIABILITY FOR DAMAGES RESULTING FROM SUCH PROBLEMS.
NOTWITHSTANDING
THE FOREGOING, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES AND
THIRD-PARTY SERVICE PROVIDERS WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SITE,
THE MATERIALS, AND ANY CONTENT OR SERVICES OBTAINED THROUGH THE SITE, WHETHER BASED ON WARRANTY,
CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, FIFTY DOLLARS
($50).
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL,
PUNITIVE, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE, OR ON ANY OTHER
HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
You agree to indemnify, defend and hold harmless us and, to the extent applicable, our subsidiaries and affiliates, and each of their and our respective directors, officers, shareholders, employees, agents, representatives, clients, contractors and third-party service providers, for any and all losses, claims, demands, actions, liability, fines, penalties and expenses (including reasonable legal fees) that may arise from any of your acts through the use of the Site. Such acts may include: (i) providing content to or communicating with us or, to the extent applicable, our subsidiaries or affiliates; (ii) unauthorized use of material obtained through the Site; (iii) engaging in a prohibited activity; or (iv) any other action that breaches these Terms. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.
We respect the intellectual property of others. DM reserves the right to remove any content or any other
material or information available on or through our Site, at any time, for any reason. We otherwise
comply with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet
service providers (17 U.S.C. § 512, as amended), and respond to clear notices of alleged copyright
infringement. This Section describes the procedure that should be followed to file a notification of
alleged copyright infringement with us.
If you have objections to copyrighted content or material
made available on or through our Site, you may submit a notification to our designated agent at the
following address: [email protected].
Any notification to DM under 17 U.S.C. § 512(c)
alleging copyright infringement must include the following information:
You acknowledge that we may be irreparably damaged if these Terms are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, we shall be entitled, without prejudice to any other rights and remedies that may be sought under the mandatory arbitration provision of these Terms, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of these Terms. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the state or federal courts located in the County of Nassau, New York. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
Most concerns can be resolved quickly and to your satisfaction by contacting us as set forth in the
“Questions” section below.
In the event that we are not able to resolve a dispute, and with the
exception of the claims for injunctive relief by us as described above and to the extent allowed by law,
you hereby agree that either you or we may require any dispute, claim, or cause of action (“Claim”)
between you and us or any third parties arising out of use of the Site, the Services, and any other
actions with us (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal
theory) to be arbitrated on an individual (non-class) basis. However, both parties retain the right to
seek relief in a small claims court (or a state court equivalent) for a Claim within the scope of its
jurisdiction so long as the small claims action does not seek to certify a class, combine the claims of
multiple persons, recover damages in excess of the limit for a small claim under applicable state law or
is not transferred, removed, or appealed from small claims court to any different court. Additionally,
if you are a California resident, you retain the right to obtain public injunctive relief from any court
with proper jurisdiction.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN
ARBITRATION AWARD IS VERY LIMITED. ADDITIONALLY, ANY ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL
BASIS, AND, THEREFORE, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A
CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT. AS PART OF THIS WAIVER, YOU AGREE
THAT YOU WAIVE THE RIGHT TO ACT AS A PRIVATE ATTORNEY GENERAL IN AN ARBITRATION; THAT EXCEPT AS
OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT, CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED
OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND THE ARBITRATOR SHALL HAVE NO
AUTHORITY TO CONDUCT A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION OR
MULTIPLE-PARTY ARBITRATION.
You and we agree that your use of the Services involves
interstate commerce, and that this arbitration agreement shall be interpreted and enforced in accordance
with the Federal Arbitration Act (FAA) set forth in Title 9 of the U.S. Code to the fullest extent
possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the
Claims at issue. The arbitrator must follow, to the extent applicable: (i) the substantive law of the
state in which we entered into the transaction giving rise to this arbitration agreement; (ii) the
applicable statutes of limitations; and (iii) claims of privilege recognized at law. The arbitrator will
not be bound by federal, state or local rules of procedure and evidence or by state or local laws
concerning arbitration proceedings.
If either you or we elect to arbitrate a Claim, the dispute
shall be resolved by binding arbitration administered under the applicable rules of the American
Arbitration Association (“AAA”). Either you or we may elect to resolve a particular Claim through
arbitration, even if the other party has already initiated litigation in court related to the Claim, by:
(a) making written demand for arbitration upon the other party, (b) initiating arbitration against the
other party, or (c) filing a motion to compel arbitration in court.
If this is a consumer-purpose
transaction, the applicable rules will be the AAA’s Consumer Arbitration Rules. The applicable AAA rules
and other information about arbitrating a claim under AAA, including how to submit a dispute to
arbitration, may be obtained by visiting its website at https://www.adr.org/ or by calling
1-800-778-7879. If AAA will not serve as the administrator of the arbitration, and you and we cannot
then agree upon a substitute arbitrator, you and we shall request that a court with proper jurisdiction
appoint an arbitrator. However, we will abide by the applicable AAA rules regardless of the forum.
Arbitration shall be conducted in the county and state where you accepted these Terms, you reside, or
another reasonably convenient place to you as determined by the arbitrator, unless applicable laws
require another location. Judgment on the award rendered by the arbitrator may be entered in any court
having jurisdiction thereof. Except as provided in applicable statutes, the arbitrator’s award is not
subject to review by the court and it cannot be appealed. The parties will have the option to request
and receive a statement of reasons for the arbitration award.
If you elect to file the
arbitration, and this is a consumer-purpose transaction, you will pay the filing fee to the extent
required by AAA’s Consumer Arbitration Rules but not to exceed the cost of filing a lawsuit. Any amount
above what it would cost you to file a lawsuit, we will pay. All other arbitration fees and expenses
shall be allocated to us according to AAA rules. Except for the arbitration fees and expenses, each
party shall pay its own costs and fees incurred (including attorneys’ fees), unless the arbitrator
allocates them differently in accordance with applicable law. This paragraph applies only if this is a
consumer-purpose transaction.
Notwithstanding anything to the contrary in these Terms, and except
as otherwise set forth in this paragraph, the agreement to arbitration may be amended by us only upon
advance notice to you. If we make any amendment to this agreement to arbitration (other than renumbering
the agreement to align with any other amendment to the Terms) in the future, that amendment shall not
apply to any claim that was filed in a legal proceeding or action against us prior to the effective date
of the amendment. The amendment shall apply to all other Claims governed by this agreement to
arbitration that have arisen or may arise between you and us. However, we may amend this agreement to
arbitration and not provide you notice; in that case, the amendments will not apply to you and the
agreement to arbitration contained in these Terms to which you agreed will continue to apply to you and
us as if no amendments were made.
If any part of this arbitration provision is invalid, all other
parts of it remain valid. However, if the class action limitation is invalid, then this arbitration
provision is invalid in its entirety, provided that the remaining Terms shall remain in full force and
effect. This arbitration provision will survive the termination of your use of the Site, the Services,
and any other actions with us.
You may reject this arbitration provision within thirty (30)
days of accepting the Terms by emailing us at [email protected] and including in the
subject line “Rejection of Arbitration Provision.”
Merger.These Terms (which hereby incorporate by reference any other provisions applicable to use
of the Site) constitutes the entire agreement between you and us and it supersedes all prior or
contemporaneous communications, promises and proposals, whether oral, written or electronic, between you
and us with respect to the Sites and information, software, products and services associated with
it.
Severability. If any term or provision in these Terms is found to be void, against
public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes
final with all appeals exhausted, then the offending provision shall be deemed modified to the extent
necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the
same shall be deemed stricken from these Terms in its entirety and the remainder of these Terms shall
survive with the said offending provision eliminated.
Survival. The following provisions
survive the expiration or termination of these Terms for any reason whatsoever: Disclaimer of
Warranties; Limitation of Liability; Indemnification; Copyright Complaints; Injunctive Relief; MANDATORY
ARBITRATION AND CLASS ACTION AND JURY TRIAL WAIVER; and Other Terms.
Governing Law and
Venue. These Terms shall be governed by and construed in accordance with the laws of the State
of New York excluding its conflicts of law rules, and the United States of America. Except as set forth
in the agreement to arbitration and without waiving it, you agree that any dispute arising from or
relating to the subject matter of these Terms (including but not limited to if you opt out of the
agreement to arbitration) shall be governed by the exclusive jurisdiction and venue of the state and
federal courts of the County of Nassau, New York except where the jurisdiction and venue are mandated by
applicable assignment.
Assignment. You may not assign, delegate, or transfer these Terms
or your rights or obligations hereunder, in any way (by operation of law or otherwise) without our prior
written consent. We may freely assign our obligations and rights under these Terms, including all
personal information in our possession that we have collected during your use of the Site as further
described in our Privacy Policy.
No Waiver. No failure,
omission, or delay on the part of us in exercising any right under these Terms will preclude any other
further exercise of that right or other right under these Terms.
Headings. Provision and
section headings are for convenience of reference only and shall not affect the interpretation of these
Terms.
Typographical Errors. Information on the Site may contain technical inaccuracies or
typographical errors. We attempt to make the Site’s postings as accurate as possible, but we do not
warrant the content of the Site is accurate, complete, reliable, current, or error-free.
If you have any questions or comments about these Terms or this Site, please contact us by email us at [email protected].
Effective and Last Updated August 13, 2024
Direct Meds (“we,” “our,” or “us”) respects the privacy of your information. This
Privacy Policy is designed to assist you in understanding how we collect, use, share, and safeguard
your information. This Privacy Policy applies to individuals who access this website (“Site”) and
our online services (collectively, “Services”).
From time to time, we may change this Privacy
Policy. If we do, we will post an amended version on this webpage. Please review this Privacy Policy
periodically.
We may collect, use, and share protected health information (“PHI”) subject to
Health Insurance Portability and Accountability Act (“HIPAA”) requirements. Our access to and use of
PHI is not governed by this Privacy Policy. For additional information regarding the protection of
your PHI, please review our Notice of Privacy Practices.
We collect personal data from you through your use of the Site and Services. Personal data is information that is linked or reasonably linkable to an identified or identifiable individual. Depending on how you interact with our Site and Services, we will collect certain types of personal data. When you contact us or sign up for a demo, you will provide us with your name, email address, company name, and any information you choose to provide in your message.
We automatically collect certain personal data through your use of our Site and our use of cookies and other tracking technologies. Which may include usage information such as the pages on the Site you access, the frequency of access, and what you click on while on the Site and device information, such as hardware model, operating system, application version number, and browser.
In some cases, we may receive personal data about you from other sources. This includes health care providers, electronic health records providers, and operating systems and platforms.
In addition to the purposes stated above, we may use all the personal data we collect in accordance with applicable law such as to:
We may share the personal data that we collect about you in the following ways:
Like many other companies, we use cookies and other tracking technologies (collectively, “Cookies”).
Cookies are small files of information that are stored by your web browser software on your computer
hard drive, mobile or other devices (e.g., smartphones or tablets).
We use Cookies to compile
aggregate data about site traffic and site interactions to resolve issues and offer better site
experiences and tools in the future; and recognize when you return to the Site.
We set some Cookies ourselves, while separate entities set other Cookies. We use Cookies other entities set to provide us with useful information, to help us improve our Site and Services, to conduct advertising, and to analyze the effectiveness of advertising. For example, we use Cookies from Google.
You can block Cookies by changing your Internet browser settings to refuse all or some Cookies. If
you choose to block all Cookies (including essential Cookies) you may not be able to access all or
parts of the Site.
You can find out more about Cookies and how to manage them by visiting www.aboutcookies.org or www.allaboutcookies.org. You can opt out of
Cookies set by Google by following the instructions found here: https://adssettings.google.com.
You can
understand which entities have currently enabled Cookies for your browser or mobile device and how
to opt out of some of those Cookies by accessing the Network Advertising Initiative’s website
or the Digital Advertising Alliance’s website. For
more information on mobile specific opt-out choices, visit the Network Advertising Initiative’s
Mobile Choices website.
Please note these opt-out mechanisms are specific to the
device or browser on which they are exercised. Therefore, you will need to opt out on every browser
and device that you use.
We use Google Analytics, a web analytics service provided by Google, Inc. Google Analytics uses Cookies to help us analyze how users interact with the Site and Services, compile reports on their activity, and provide other services related to their activity and usage. The technologies used by Google may collect information such as your IP address, time of visit, whether you are a returning visitor, and any referring website. The information generated by Google Analytics will be transmitted to and stored by Google and will be subject to Google’s privacy policies. To learn more about Google’s partner services and to learn how to opt out of tracking of analytics by Google, click here.
Some internet browsers incorporate a “Do Not Track” feature that signals to websites you visit that you do not want to have your online activity tracked. Given that there is not a uniform way that browsers communicate the “Do Not Track” signal, the Site does not currently interpret, respond to or alter its practices when it receives “Do Not Track” signals.
We maintain commercially reasonable security measures to protect the personal data we collect and store from loss, misuse, destruction, or unauthorized access. However, no security measure or modality of data transmission over the Internet is 100% secure. Although we strive to use commercially acceptable means to protect your personal data, we cannot guarantee absolute security.
The Site may contain links that will let you leave the Site and access another website. Linked websites are not under our control. We accept no responsibility or liability for these other websites.
The Site and Services are not intended for children under 13 years of age. We do not knowingly collect, use, or disclose personal data from children under 13.
We do not disclose personal information obtained through our Site or Services to third parties for their direct marketing purposes. Accordingly, we have no obligations under California Civil Code § 1798.83.
We are committed to ensuring this Privacy Policy is accessible to individuals with disabilities. If you wish to access this Privacy Policy in an alternative format, please contact us as described below.
To contact us for questions or concerns about our privacy policies or practices, please email us at [email protected] or call us at 629-777-5752.
Uses and disclosures of your protected health information that do not require an authorization
For example, doctors, nurses, and other staff members involved in your care will use your PHI to coordinate your care or to plan a course of treatment for you.
For example, we may disclose information regarding your medical procedures and treatment to your insurance company to arrange payment for the services provided to you.
For example, we may disclose your PHI for billing or interpreter support. We may use your PHI to conduct an evaluation of the treatment and services provided or to review staff performance.
We will use your PHI to communicate with you about a number of important topics, including information about your care, treatment options and other health-related services
We may also contact you at the email, phone number or address that you provide, including via text messages, for these communications. If your contact information changes, it is important that you let us know. We will only provide you a link via text or e-mail which will require you to verify yourself prior to opening the message within the DM messaging portal.
At times, we need to disclose your PHI to persons or organizations outside DM who assist us with our payment/billing and health care operations. We require these business associates and their subcontractors to appropriately safeguard your PHI.
We may be permitted or required by law to make certain other uses and disclosures of your PHI without your authorization. Subject to conditions specified by law, we may release your PHI:
Except as outlined above, we will not use or disclose your PHI for any other purpose unless you have signed a form authorizing the use or disclosure. You may revoke an authorization in writing, except to the extent we have already relied upon it.
In some situations, a signed authorization form is required for uses and disclosures of your PHI, including:
You can access and inspect paper or electronic copies of certain PHI that we maintain about you. You may readily access much of your health information without charge using the following link: https://privacy.mdintegrations.com. In line with set fees under federal and state law, we may charge you for a copy of your medical records.
You can request amendments, or changes, to certain PHI that we maintain about you that you think may be incorrect or incomplete. All requests for changes must be in writing, signed by you or your representative, and state the reasons for the request. If we decide to make an amendment, we may also notify others who have copies of the information about the change. Note that even if we accept your request, we may not delete any information already documented in your medical record. You can make such requests by contacting [email protected] or directly inside your DM patient portal under the “privacy center” section.
In accordance with applicable law, you can ask for an accounting of certain disclosures made by us of your PHI. This request must be in writing and signed by you or your representative. This does not include disclosures made for purposes of treatment, payment, or health care operations or for certain other limited exceptions. An accounting will include disclosures made in the six years prior to the date of a request.
You can request restrictions on certain of our uses and disclosures of your PHI for treatment, payment, or health care operations. We are not required to agree but will attempt to accommodate reasonable requests when appropriate.
You can request a restriction on certain disclosures of your PHI to your health plan. We are only required to honor such requests when services subject to the request are paid in full. Such requests must be made in writing and identify the services to which the restriction will apply.
You can request that we communicate with you through alternative means or at alternative locations, and we will accommodate reasonable requests. You must request such confidential communication in writing to each department you would like to accommodate the request.
We are required to notify you in writing of any breach of your unsecured PHI without unreasonable delay and no later than 60 days after we discover the breach.
If you believe your privacy rights have been violated, you can file a complaint with the Direct Meds privacy officer (Ana Ramos) by contacting [email protected] or calling 6297775752.
You can also file a complaint with the Secretary of the U.S. Department of Health and Human Services in Washington D.C.
A complaint must be made in writing and will not in any way affect the quality of care we provide you.
Medical doctors are licensed and regulated by the Medical Board of California.
(800) 633-2322
Complaints may be filed online at http://www.mbc.ca.gov/
Breeze/Complaints.aspx or submitted in hard copy form. A Consumer Complaint Form, including instructions for completing it, may be found at http://www.mbc.ca.gov/
Consumers/Complaints/
Submit_By_Mail.aspx. A hard copy Consumer Complaint Form should be submitted to:
Medical Board of California
Central Complaint Unit
2005 Evergreen Street, Suite 1200
Sacramento, CA 95815
The Central Complaint Unit of the Medical Board of California can be contacted by phone at 1-800-633-2322 or 916-263-2382.
It is unlawful for any person who is not licensed under the Kansas Healing Arts Act to open or maintain an office for the practice of the healing arts in this State.
This office is maintained under the authority of a person who is licensed to practice the healing arts of Kansas.
Questions and concerns regarding this professional practice may be directed to:
Kansas State Board Of Healing Arts
800 SW Jackson, Lower Level-Suite A
Topeka, Kansas 66612
Phone: (785) 296-7413
Toll Free: 1(888) 886-7205
Fax: (785) 296-0852
Website: www.ksbha.org
Complaints about physicians, as well as other licensees and registrants of the Oregon Medical Board, including physician assistants, acupuncturists, and surgical assistants may be reported for investigation to:
Oregon Medical Board
Investigations Manager
1500 SW 1st Ave. #620
Portland, OR 97201
P: (971) 673-2702
Toll Free: 1(877) 254-6263
https://www.oregon.gov/omb/investigations/pages/how-to-file-a-complaint.aspx
Complaints about physicians, as well as other licensees and registrants of the Texas Medical Board, including physician assistants, acupuncturists, and surgical assistants may be reported for investigation to:
Texas Medical Board
Attention: Investigators
333 Guadalupe, Tower 3, Suite 610
P.O Box 2018, MC-263
Austin, TX 78768-2018
Assistance in filing a complaint is available by calling 1-800-201-9353. For more information, visit www.tmb.state.tx.us
Las quejas sobre médicos, asi como sobre otros profesionales acreditados e inscritos del Consejo Médico de Tejas, incluyendo asistentes de médicos, practicantes de acupuntura y asistentes de cirugia, se pueden presentar en la siguiente dirección para ser investigadas:
Texas Medical Board Attention: Investigations 333 Guadalupe, Tower 3, Suite 610 P.O. Box 2018, MC-263 Austin, Texas 78768-2018
For informational purposes only, a link to the federal Centers for Medicare and Medicaid Services (CMS) Open Payments web page is provided here. The federal Physician Payments Sunshine Act requires that detailed information about payment and other payments of value worth over ten dollars ($10) from manufacturers of drugs, medical devices, and biologics to physicians and teaching hospital be made available to the public.
You may search this federal database for payments made to physicians and teaching hospitals by visiting this website: https://openpaymentsdata.cms.gov/