Terms & Conditions
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Welcome to the TimelyMD website (the “Website”). By clicking on this box, you agree to the following terms and conditions concerning remote telehealth consultations provided via phone, video, or asynchronous data exchange by a licensed healthcare provider (“Telehealth Consultations”) or Intake Mental Health Counselor to which Timely Telehealth, LLC, a Texas limited liability company (“TimelyMD”) provides access to its members. These terms and conditions also apply to any interactive mobile application that TimelyMD may develop from time to time.
1. General. Prior to accessing a Telehealth Consultation, you represent and warrant that you are at least eighteen years of age and possess the legal right and ability, on behalf of yourself or a minor child of whom you are a parent or legal guardian, to: (i) agree to these Terms and Conditions of Use and abide by the obligations hereunder. 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 on the Website) to enable use of the Website, including, but not limited to, a computer or mobile device with internet access. You are solely responsible for any fees, including internet connection or mobile fees that you incur while using the Website or a Telehealth Consultation.
2. TimelyMD Profile. You agree to: (i) fully, accurately, and truthfully create your TimelyMD profile; and (ii) prohibit anyone else from using your TimelyMD profile. You agree to provide accurate, current, and complete information about yourself for your TimelyMD profile and to periodically review and update such information as needed to keep it accurate, current, and complete. You agree to immediately notify TimelyMD of any actual or suspected unauthorized use of your TimelyMD profile or credentials or other security concerns of which you become aware.
3. Relationship with Providers. You agree that you are entering into an agreement with Telehealth Physician Network, PLLC, a Texas professional limited liability company, Telehealth Physician Network, P.C., a California professional corporation, and Dennington Physician, PLLC, a New York professional limited liability company (collectively, the “Professional Entities”), which shall be the providers of professional health services to you, which means, among other things, that you are entering into a practitioner-patient relationship with the licensed healthcare provider associated with the Professional Entities that personally performs the Telehealth Consultation with you.
4. Role of TimelyMD. You understand and agree that TimelyMD is the provider of certain administrative services to the Professional Entities and does not provide professional health services itself.
5. Prohibited Conduct. You may not access, use, or attempt to use the Website or the Telehealth Consultations to take any action that could harm TimelyMD, the Professional Entities, or any third party, interfere with the operation of the Website or the Telehealth Consultations, or use the Website or Telehealth Consultations in manner that violates any laws. Your conduct on the Website or during Telehealth Consultations may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate these Terms and Conditions of Use. We may suspend or terminate your access to the Website or the Telehealth Consultations for any or no reasons at any time without notice. Additionally, TimelyMD reserves the right to suspend or terminate your access to the Website or the Telehealth consultations if, for example, and without limitation, you:
1. Transmit any message or information under a false name or otherwise misrepresent your affiliation or the origin of any materials you transmit;
2. Provide information that is untrue, inaccurate, or incomplete;
3. Transmit any message, image, or information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening, or hateful;
4. Expose your genitals or any other part of your body during a Telehealth Consultation that is not applicable to the Telehealth Consultation. TimelyMD does not provide access to Telehealth Consultations intended to evaluate your genitals and/or breasts;
5. Transmit any message or information that infringes or violates the intellectual property, privacy, or publicity rights of others;
6. Reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate content received through the Services to anyone without prior express permission;
7. Engage in unauthorized means to compile content or personal information on the Website;
8. Take any action that imposes an unreasonable or disproportionately large burden on TimelyMD’s network or infrastructure;
9. Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or any activity conducted on the Website to attempt to probe, scan, test the vulnerability of, or breach the security of TimelyMD’s system of network;
10. Attempt to modify, translate, decipher, decompile, disassemble, reverse-engineer, or create derivative works of any of the software comprising or in any way making up a part of the Website; or
11. Engage in any other conduct that restricts or inhibits any person from using the Website or the Telehealth Services, or that, in TimelyMD’s sole judgment, exposes us or any third party to any liability, damages, or other detriment.
6. Personal Data. TimelyMD may collect information you provide when using the Website, including, but not limited to:
1. Personal identifying information and contact information;
2. Account registration information;
3. Demographic and geolocation data;
4. Computer, mobile device, and/or browser information (e.g., IP address, operating system, connection speed, browser type, cookies, and hardware and software attributes);
5. Usage activity concerning your interactions with the Site and/or third party websites, networks, or applications accessed through the Site (e.g. viewing habits, viewing preferences, viewing history, number of clicks on a page, etc.);
6. Billing, payment, and shipping information;
7. The name and telephone number associated with your mobile device;
8. With your express written consent, information about third-party software applications on your mobile device (including, without limitation, general software applications, downloadable software applications, and social media applications).
TimelyMD may collect your information directly from you (1) when you visit, access, or use the Website; (2) when you register with or subscribe to use the Website or the Telehealth Consultations; (3) when you sign into the Website; (4) when you interact with the Website on any social media platforms; (5) when you allow the Website to access, upload, download, import, or export content found on or through your computer or mobile device; (6) when TimelyMD asks you for such information. Additionally, if you send TimelyMD a comment, message, or other communication about you or your activity on the Website, then TimelyMD may collect any information provided therein. Finally, TimelyMD may use various tracking, data aggregation, and/or data analysis technologies, including, for example, the following: cookies, flash cookies, web beacons, scripts, and analytics tools and services.
Please be advised that if you choose to block, reject, disable, delete, or change the management settings for any or all of the aforementioned technologies and/or other tracking, data aggregation, and data analysis technologies, then certain areas of the Website may not function properly.
By visiting, accessing, or using the Website, you acknowledge and agree in each instance that you are giving TimelyMD permission to monitor or otherwise track activities on the Website, and that TimelyMD may use the aforementioned technologies and/or tracking, data aggregation, and data analysis technologies. Notwithstanding the foregoing, TimelyMD does not permit third parties or third-party cookies to access any communications that you have with your healthcare providers or medical information that you submit to your healthcare providers.
7. Data Retention. TimelyMD may retain your information for (1) as long as it believes necessary; (2) as long as necessary to comply with its legal obligations, resolve disputes, and/or enforce agreements; or (3) as long as needed to provide you with its products and services. TimelyMD may dispose of or delete any such information at any time, except as set forth in any other agreement or document executed by TimelyMD or as required by law.
8. Privacy Notice. You agree to the Privacy Notice issued by the Professional Entities, the terms and conditions of which are incorporated herein.
9. Prescriptions. You agree that physicians associated with the Professional Entities may not prescribe the following drugs:
1. Prescriptions for narcotics or DEA (Drug Enforcement Administration) controlled substances (Schedules I, II, and III);
2. Prescriptions for medications restricted by the states in which the Professional Entities operate;
3. Prescriptions for medications for psychiatric illnesses;
4. Prescriptions for abortifacient or any other drug that terminates a pregnancy.
10. TimelyMD is not a drug fulfillment warehouse. In the event that a healthcare provider associated with the Professional Entities does prescribe a medication, such provider will limit the supply based on state regulations and will only prescribe a medication as determined appropriate based upon the provider’s sole discretion and professional judgment. TimelyMD does not guarantee that a prescription will be written.
11. You agree that any prescriptions that you acquire from a healthcare provider associated with the Professional Entities shall be solely for your personal use. You agree to fully and carefully read all product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription.
12. Confirmation of Information. It is your responsibility to confirm any third party information for yourself, or information regarding a minor of whom you are a parent or legal guardian.
13. Electronic Healthcare Records. You agree to the entry of your protected health information (“PHI”) in connection with a Telehealth Consultation into the electronic healthcare records of the Professional Entities and understand that reasonable measures have been taken to safeguard your PHI in accordance with the Health Insurance Portability and Accountability Act (“HIPAA”), as amended to date. However, you understand that no computer or phone system is totally secure. You further agree that any healthcare provider associated with the Professional Entities who uses your PHI with the Professional Entities may access and use such records as needed to provide treatment (including coordinating your care) and to improve the quality of your care.
14. The Professional Entities’ electronic healthcare records allow better access to your PHI, leading to better coordination and quality of care. The Professional Entities recognize your privacy and, in accordance with their Privacy Notice, will not release your information to anyone without written authorization or as required or permitted by law.
15. Under applicable law, you have a right to access your electronic healthcare record with the Professional Entities, which will be available to you within 72 hours subsequent to your Telehealth Consultation. You acknowledge that you can download, at any time, your electronic health record with the Professional Entities and share it with your primary care physician.
16. Communications. You understand and agree that Telehealth Consultations involve the communication of your healthcare information, both via text or orally, to physicians and other healthcare practitioners.
17. Risks and Benefits. You understand that there are risks associated with the Telehealth Consultations, including, but not limited to, the following: (1) loss of records from failure of electronic equipment; (2) power failures with loss of communication; and (3) access of electronic records by third parties (hackers). Furthermore, you understand that there are potential consequences of Telehealth Consultations, such as reduced in-person contact with healthcare providers. You understand, however, that there are many potential benefits of Telehealth Consultations, including the following: (1) increased availability of healthcare; (2) availability of real-time data and information; and (3) ease and convenience of receiving healthcare. Finally, you understand that it is impossible to list every possible risk, consequence, and benefit of Telehealth Consultations.
18. Rights. You understand that you have all the following rights with respect to Telehealth Consultations:
1. Free Choice. You have the right to withhold or withdraw your consent to Telehealth Consultations at any time without affecting your right to future care or treatment.
2. Access to Information. You have the right to request a copy of all health information transmitted during Telehealth Consultations, which are described in more detail in the Professional Entities’ Privacy Notice.
3. Confidentiality. You understand that the laws that protect the confidentiality of health information apply to Telehealth Consultations, and that no information or images from such interaction which identify you will be disclosed to other entities without your consent, unless otherwise permitted by law.
4. Consequences. You understand that, by consenting to Telehealth Consultations, healthcare providers associated with the Professional Entities may communicate your health information to physicians and other healthcare providers.
19. External Links. This Website may include links to other sites that are not owned or under TimelyMD’s control and TimelyMD is not responsible for, and makes no representations, warranties, or recommendations with respect to the usefulness, availability, or content of any such sources, and you assume all responsibility with respect to the use of such sites and any and all information or services furnished through such sites.
20. Adverse Technical Events. The transmission of information on this Website is beyond TimelyMD’s control. Accordingly, TimelyMD assumes no responsibility for, or relating to, delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of this website or sites access through this Website.
21. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TIMELYMD BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OR INABILITY TO ACCESS THE WEBSITE OR ENGAGING IN A TELEHEALTH CONSULTATION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. TIMELYMD IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE USE OF THIS WEBSITE AND/OR ANY MATERIAL LINKED THROUGH THE WEBSITE.
22. Copyright and Trademarks. All content included on the Website including, but not limited to, text, photographs, video, documents, graphics, button icons, images, artwork, names, logos, trademarks, service marks, and data (the “Marks”), in any form including the compilation thereof, are proprietary to TimelyMD and protected by U.S. and international copyright law and conventions. The Marks include both Marks owned or controlled by TimelyMD and Content owned or controlled by third parties and licensed to TimelyMD. Except as set forth below, direct or indirect reproduction of the Marks, in whole or in part, by any means, is prohibited without our express written consent. You are authorized only to use the Website for personal use and are not authorized to reproduce, sell, or exploit the Website or content of the Website for commercial purposes.
23. Indemnification. You agree to indemnify and hold harmless TimelyMD, the Professional Entities and each of their respective officers, directors, employees, agents, developers, vendors, affiliates, third party information providers, licensors, and others involved in the development or the delivery of services or information over the Website from and against any and all liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, arising from any violation by you of these Terms and Conditions of Use.
24. Dispute Resolution. TimelyMD will try to work in good faith to resolve any issue you have with the Website. However, TimelyMD realizes that there may be rare cases where we may not be able to resolve an issue to your satisfaction. In the event a dispute cannot be resolved between you and TimelyMD, you agree that all matters related to any use or access of the Website or use of Telehealth Consultations will be governed by the laws of the state of Texas, without regard to applicable principles of conflicts of law. You agree and expressly consent to the exercise of personal jurisdiction in the state courts of Texas in Tarrant County, Texas in connection with any claim involving the Website and/or the Telehealth Consultations.
25. Miscellaneous. If any provision of these Terms and Conditions of Use are deemed to be unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable from these Terms and Conditions of Use and shall not effect the validity and enforceability of any remaining provisions. The failure of either you or TimelyMD to exercise, in any way, any right herein shall be deemed a waiver of any further rights hereunder. These Terms and Conditions of Use constitute the entire agreement between you and TimelyMD relating to the subject matter herein. You and TimelyMD agree there are no third party beneficiaries intended under these Terms and Conditions of Use. These Terms and Conditions of Use may be subject to change. If TimelyMD makes any change, we will revise the “last modified date” at the bottom of this document. We encourage you to review these Terms and Conditions of Use periodically. Your continued use of TimelyMD constitutes your agreement to any such changes.
26. Amendment of Terms and Conditions of Use. TimelyMD has the right to amend these Terms and Conditions of Use at any time without notice to you by posing the revised Terms and Conditions of Use on this Website. You agree that you are bound by those changes by continuing to use the Website.
Last modified: March 25, 2021
