MYCONCIERGEMD TERMS OF USE

Last revised 7/23/2020

These terms and conditions of use (“Terms of Use”) govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by MYCONCIERGEMD (“MYCONCIERGEMD”, “we,” “us,” and “our”), including https://www.myconciergemd.comwebsites (collectively, the “Site”), as well as the services (“Services”) and products (“Products”) available to users through the Site. The terms “you” and “your” means you, your dependents if any and pets if applicable, and any other person accessing your MYCONCIERGEMD.  MYCONCIERGEMD contracts with other provider groups, regarding online telehealth medical consultations and secure messaging between MYCONCIERGEMD physicians and other healthcare professionals, including therapists, nutritionists, among others (individually the “Provider” and collectively the “Providers”) and their patients. (See Section 20 for supplemental terms applicable to Providers.) The professional medical services (which are provided by MYCONCIERGEMD or your own Provider) and the non-clinical Site services (which are provided by MYCONCIERGEMD) are collectively referred to in this Terms of Use as, and included in the definition of, the “Services”. The terms “you” and “your” means you, your dependent(s) if any, and any other person accessing your MYCONCIERGEMD Account and website.

Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the Site and Services and purchase of Products. By clicking “accept”, you acknowledge that you have read, understand, and accept all terms and conditions contained within the Terms of Use, the Notice of Privacy Practices https://www.myconciergemd.com/termsofuse&privacy-policy provided to you by the MYCONCIERGEMD or your own Provider and applicable Privacy Policies. If you do not agree to be bound by these terms, you are not authorized to access or use this Site or Services; promptly exit this Site.  

Binding Arbitration. These Terms of Use provide that all disputes between you and MYCONCIERGEMD that in any way relate to these Terms of Use or your use of the Site will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with MYCONCIERGEMD.

1. Privacy Practices

You agree that information provided by you in connection with the Services and Site shall be governed by the MYCONCIERGEMD [https://www.myconciergemd.com/termsofuse&privacy], which is hereby incorporated and made a part of this Agreement. In addition, you agree that information provided by you in connection with the Services shall also be governed by the MYCONCIERGEMD Notice of Privacy Practices, or your own Provider’s Notice of Privacy Practices, and is hereby incorporated and made a part of this Agreement.

2. Services Provided

MYCONCIERGEMD.COM website does not provide medical advice or care and is for informational purposes only. For purposes of these Terms of Use, “medical, “medical advice,” or “medical care” includes medical care provided to patients who have been seen or consulted in the practice and have a medical file created as a new patient. Neither MYCONCIERGEMD, nor any of its subsidiaries or affiliates or any third party who may promote the Site or Service or provide a link to the Service, shall be liable for any professional advice obtained from a Provider via the Site or Service, nor any information obtained on the Site. MYCONCIERGEMD does not recommend or endorse any specific Providers, tests, physicians, medications, products, or procedures. You acknowledge that your reliance on any Providers or information delivered by the Providers via the Site or Service is solely at your own risk and you assume full responsibility for all risks associated herewith.

The content of the Site and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by MYCONCIERGEMD. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by MYCONCIERGEMD, or in connection with any communications supported by MYCONCIERGEMD, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law.

Not for Emergencies

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.

MYCONCIERGEMD Site and Services are not for medical emergencies or urgent situations. You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the Site. If you believe you have an emergency, call 9-1-1 immediately.

You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.

Risks of Telehealth Services

By using the Site and Services, you acknowledge the potential risks associated with telehealth services. These include but are not limited to the following: information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or health care decision making by the Provider; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to complete medical records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of privacy of your health information.

Prescriptions and Product Policy

MYCONCIERGEMD does not endorse any specific medication, pharmacy, product, supplies, equipment, or devices. If a Provider prescribes a medication or product, he/she must limit supply based upon state regulations and will only prescribe a medication or product as determined in his/her own discretion and professional judgment. There is no guarantee a prescription will be written. Providers reserve the right to deny care for actual or potential misuse of the Services.

You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription.

MYCONCIERGEMD fully honor patient freedom of choice and, if you receive a prescription for a medication, you always have the option to instruct the Provider to transmit that prescription to the pharmacy of your choice.

Not an Insurance Product

MYCONCIERGEMD are a not health insurance or malpractice insurance company, the Site and Services are not insurance products, and the amounts you pay to MYCONCIERGEMD or Providers are not insurance premiums. If you desire any type of health, malpractice, or other insurance, you will need to purchase such insurance yourself.

3. Availability of Services

MYCONCIERGEMD operates subject to state and federal regulations, where applicable, and the Services may not be available in your state, territory, and country. You represent that you are not a person barred from enrolling for or receiving the Services under the laws of the United States, the European Union, or other applicable jurisdictions in which you may be located. Accessing the Site or Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.

4. Requests for Products and Services & Cancellation Policy

For Users of the MYCONCIERGEMD(https://myconciergemd.com):

Acceptance for MYCONCIERGEMD

Your request for a consult or Services does not necessarily ensure that we will accept your request for a consult or Services. We may require additional information regarding your request if you have not provided all the information required by us to be completed. Once a properly completed request and authorization of your form of payment is received, we will process your request and prepare for the delivery of the Products and Services to you. We do not accept requests from dealers, wholesalers, or other customers who intend to resell items offered on our Site.

Typographical Errors and Incorrect Pricing for Medici

In the event a Product or Service is listed at an incorrect price due to typographical error or error in pricing information received from a third party, we shall have the right to refuse or cancel any requests placed for the Products or Services listed at the incorrect price. We shall have the right to refuse or cancel any such requests whether or not the request has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit or debit card account in the amount of the charge.

Online Payments for MYCONCIERGEMD

Payment processing services for our Site are provided by authorize.net  and are subject to the authorize.net terms of services and payment depot, which includes the authorize.net and payment depot(collectively, the “Authorize.net Services Agreement and Payment Depot service agreement”). By agreeing to these Terms of Use or using our Product or Service, you agree to be bound by the Authorize.net and Payment Depot Services Agreement, as they may be modified by them from time to time. As a condition of MYCONCIERGEMD enabling payment processing services through authorize.net and payment depot, you agree to provide MYCONCIERGEMD accurate and complete information about you and your business, and you authorize MYCONCIERGEMD to share it and transaction information related to your use of the payment processing services provided by AUTHORIZE.NET and PAYMENT DEPOT. If a credit card account is being used for a transaction, MYCONCIERGEMD or AUTHORIZE.NET OR PAYMENT DEPOT may obtain preapproval for an amount up to the amount of the payment.

You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.

Your payment to MYCONCIERGEMD concierge membership program if enrolled will automatically renew at the end of the subscription period, unless you cancel through your subscription page before the end of the current subscription period. You may cancel your membership at any time by filling out the cancellation form or emailing our office.  Please have available and/or include the email associated with your account if you cancel by email. If you do not include such email, then you acknowledge and accept that your cancellation may be delayed or not accepted. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the standard non-subscription service. However, if you cancel your payment or Service and/or terminate any of these Terms of Use before the end of the current subscription period, we will not refund any subscription fees already paid to us.

If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription to concierge medical membership, you will need to log in to your account and follow instructions to cancel your subscription, even if you have otherwise deleted your Account with us or if you have deleted the Site from your devices. Deleting your Account with us or deleting the Site from your devices does not cancel your subscription; MYCONCIERGEMD will retain all funds charged to your account until you cancel your subscription through your account page. If you are a California based subscriber, you may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed.

Cancellation Policy

We have a no cancellation and refund policy for all online orders for COVID-19 testing and all other online services offered.  We are extremely busy and you are taking a spot that someone else would have booked. Please do not schedule for any of our online services if there is a possibility of a cancellation.

PAYMENT FOR SERVICES RENDERED BY MYONCIERGEMD & HIPPA

You agree to pay all fees or charges to your Provider in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing MYCONCIERGEMD with your payment information, you agree that MYCONCIERGEMD is authorized to immediately charge your Account for all fees and charges due and payable to your Provider and that no additional notice or consent is required.

MYCONCIERGEMD, on behalf of your Provider, reserves the right to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to this Agreement.

If you have a dispute concerning any payment transaction, please contact our Support department by emailing info@myconciergemd.com. If, at any time, you contact your bank or credit card company to reject the charge of any payable fees (“Chargeback”), this act will be considered a breach of your payment obligations, and we reserve the right to automatically terminate your use of the Services. We reserve the right to dispute any Chargeback and take all reasonable action to authorize the transaction. In the event of a Chargeback, your Account may be terminated and any files, data, or content contained in your Account may be subject to cancellation. MYCONCIERGEMD will not be liable for any loss of files, data, or content as a result of a Chargeback. In order to resume use of the Services, you must re-subscribe for the Services and pay all applicable fees for the Service as well as any fees incurred by us or our payment processor as a result of the Chargeback.

You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.

Disclosures for Treatment, Payment, and Health Operations MYCONCIERGEMD will use your PHI, with your consent, in the following circumstances: Treatment: Information obtained by your providers will be recorded in your record and used to determine the management and coordination of treatment that will be provided for you. The information collected will include your medical history, presenting problem, tests and exams, If you give us written authorization, you may revoke it in writing at any time but that revocation will not affect any use or disclosures permitted by your authorization while it was in effect. We may have to use or disclose your health information without your authorization, to report an incident of abuse of a child and/or dependent or elder adult, or in the event of disclosure of the imminent danger to yourself, someone else, or in the event that you become unable to provide for your food, clothing, and shelter as the direct result of a mental illness. Please note that any serious threat to harm an identifiable victim will be reported as a duty to warn and protect and the police will be contacted as law mandates. By agreeing to terms and services you certify that you understand these conditions, and recognize that this business and physician are mandated reporters and are granted civil and criminal immunity when reporting in good faith. This applies to information disclosed through use of our website, by phone, email, written, verbal, or web contact, and through your therapeutic interactions. In some cases, reports from third parties related to you may also be eligible for mandated reporting.

HIPAA Notice of Privacy Practices

For payment, if applicable: We may charge your credit card, send a bill to you, require you to pay in advance, and/or send you a receipt of your payment. The information on or accompanying the bill, receipt, or credit card statement will include information that identifies you and your status as a client of MYCONCIERGEMD. IRS regulations require that we bill under our official corporate name. If you choose to receive services at MYCONCIERGEMD you understand and approve that your credit card statement will show the name of the business. Should you pursue a chargeback through your credit card company, or otherwise accrue an unpaid balance, you forfeit your right to privacy and the information required to pursue collection and/or legal action will be disclosed in seeking remuneration. It is your responsibility to use an encrypted email service to communicate with your provider and through which to receive appointment details and receipts. You will be asked to list your preferred email address in your medical record. In the event that you do not choose an encrypted email address and provide an insecure address, it will be at your own risk and MYCONCIERGEMD will not be held liable for any breach of your PHI as a result of that choice. MYCONCIERGEMD discourages the disclosure of your status as a client of MYCONCIERGEMD through social media use, and use of such websites and applications will be solely at your own risk. Electronic communications are considered a part of the legal medical record. This applies to email, SMS messages and exchanges on social networking sites. MYCONCIERGEMD Staff are directed to print out email and text message exchanges, and include them as part of their official record. It is also important for clients/patients to know that from a legal standpoint, all electronic exchanges are discoverable, whether or not they are included in the chart. In addition, clients are warned that use of “passive location based cell phone tracking” through services like Google Places or Foursquare have the potential for compromising confidentiality and “check-ins” can broadcast your personal comings-and goings in your local geographic environment throughout the Internet and are discouraged. We may contact you to provide appointment reminders or information about treatment alternatives or other services that may by of interest to you if you inquire about our services. You agree that by requesting information and by providing contact information, that you authorize a response. You agree to release from harm MYCONCIERGEMD for any breach of your PHI as a result of that contact in the medium that you request. Regarding security, MYCONCIERGEMD advises protection of your PHI and suggests you ensure your internet connection is secure. It is recommended you address any deficiencies such as lack of adequate firewalls, lack of virus protection, and inadequate password protections for information transmitted on the devices with which you connect to our services and website. For health care operations: Your providers and members of the quality improvement team may use the information in your health record to assess the performance and operations of our services. This information will be used in an effort to continually improve the quality and effectiveness of the mental health care and services we provide. We may use or disclose your PHI in the following situations without your authorization: as required by law, public health issues as required by law, communicable diseases, health oversight, abuse/neglect or mandated reporting instances, Food and Drug Administration requirements, legal proceedings, law enforcement, coroners and organ donation, research, or workers’ compensation. Under the law, we must make disclosures when required by the Secretary of the U.S. Department of Health and Human Services to investigate or determine our compliance with

5. Eligibility; Site Access, Security and Restrictions; Passwords

You agree to fully, accurately, and truthfully create your Account, including but not limited to your name, mailing address, phone number, email address, and password, which become your MYCONCIERGEMD ID and credentials. The MYCONCIERGEMD ID or credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your MYCONCIERGEMD ID or credentials, and for all activities that occur under such MYCONCIERGEMD ID or credentials. You agree to prohibit anyone else from using your MYCONCIERGEMD ID or credentials and agree to immediately notify MYCONCIERGEMD of any actual or suspected unauthorized use of your MYCONCIERGEMD ID or credentials or other security concerns of which you become aware. Your access to the Site may be revoked by MT at any time with or without cause.

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.

You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. Violations of system or network security may result in civil or criminal liability. MYCONCIERGEMD will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

6. Electronic Communications

When you use the Site or Services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us or your Provider electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. MYCONCIERGEMD or your Provider may contact you by telephone, mail, or email to verify your account information. MT or your Provider may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested within fourteen (14) days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Site and the Services until you provide the information to us as requested.

7. Consent to Receive Calls and Text Messages and Video Recording

By providing your mobile number you are agreeing to be contacted by or on behalf of MYCONCIERGEMD or your Provider at the mobile number you have provided, including calls and text messages, to receive informational, Product or Service related (e.g., progress tracking, reminders, etc.) communications relating to the Site and Services. Message and data rates may apply. To stop receiving text messages text the word STOP to the correspondence text. We may confirm your opt out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message or respond to your STOP message by texting you a request to identify services you wish to stop. Please note, that by withdrawing your consent, some Site features and certain Services may no longer be available to you. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your Services.

Your Provider may record and preserve (text, audio, and video) all or part of your interaction with him or her (“Recordings”). Such Recordings are used for quality assurance purposes, to better deliver to you the Products and Services, and to help MYCONCIERGEMD improve the Site. MYCONCIERGEMD will keep such Recordings confidential, and we will not publicly display such recordings unless legally required to do so, such as if subject to a court order. By accessing and using the Site, you agree and consent to such Recordings for the purposes and uses set forth in these Terms of Use and as otherwise set forth in the Privacy Policy [MYCONCIERGEMD /privacy-policy/ ]

8. Ownership of The Site and Related Materials; Additional Restrictions

All pages within this Site and any material made available for download are the property of MYCONCIERGEMD, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws.

All rights not expressly granted to you in these Terms of Use are reserved and retained by MYCONCIERGEMD or its licensors, suppliers, publishers, rights holders, or other content providers. Subject to these Terms of Use and the payment of all applicable fees, MYCONCIERGEMD grants you a revocable, nontransferable (except as provided below), personal, nonexclusive license to use the object code version of the Site. Neither the Site and Services, nor any part of the Site and Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MYCONCIERGEMD. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MYCONCIERGEMD without express written consent. You may not use any meta tags or any other “hidden text” utilizing MT’s name or trademarks without the express written consent of MYCONCIERGEMD. You may not misuse the Site or Services. You may use the Site and Services only as permitted by law. The content of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by MYCONCIERGEMD. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, content, or other proprietary information (including; images, text, page layout, or form) of MYCONCIERGEMD without our express written consent.

9. Special Rules for User Under 18 Years Old

If you are under the age of eighteen (18) and wish to create an account with MYCONCIERGEMD (“Account”), your parent or legal guardian must create the Account, submit your personal information, and agree to these Terms of Use on your behalf. If you are under the age of 13, you may only use our Services or access our Site with the supervision and consent of your parents or legal guardians, including the Provider consultation services.  If we learn that we have collected personal information from someone under the age of 13 that was not provided with the supervision and consent of the minor’s parents or legal guardian, we will promptly delete that information. If you believe we have impermissibly collected personal information from someone under the age of 13, please contact us using the information below.

10. Accuracy of Information; Functionality

Although MYCONCIERGEMD attempts to ensure the integrity and accurateness of the Site and Product descriptions, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site, the Services, Product descriptions and other content on the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform MYCONCIERGEMD so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, MYCONCIERGEMD shall have no responsibility or liability for information or content posted to the Site from any non-MT affiliated third party, including Providers.

MYCONCIERGEMD reserve complete and sole discretion with respect to the operation of the Site and the Services. We may withdraw, suspend, or discontinue any functionality or feature of the Site or the Services among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier. We are not responsible for maintaining information arising from use of the Site or with respect to the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site or the Services in accordance with our internal record retention or destruction policies.

11. Links to Other Sites

MYCONCIERGEMD makes no representations whatsoever about any other website that you may access through this Site. When you access a non- MYCONCIERGEMD site, or link to a Provider site, you acknowledge and agree it is independent from MYCONCIERGEMD, and that MT has no control over the content on that website. In addition, a link to a non- MYCONCIERGEMD website does not mean that MYCONCIERGEMD endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

12. User Information

If you submit, upload, post or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site (“User Information”), you agree not to provide any User Information that (1) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component.  You agree not to contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to MYCONCIERGEMD and MYCONCIERGEMD that you have the legal right and authorization to provide all User Information to MYCONCIERGEMD and MYCONCIERGEMD for use as set forth herein and required by MYCONCIERGEMD and the Provider.

MYCONCIERGEMD, or your Provider may de-identify your information such that it is no longer considered protected health information or personally identifiable information. MYCONCIERGEMD, or your Provider may disclose, aggregate, sell, or otherwise use such de-identified information to third parties for analytics, research, or other purposes.

You agree not to (i) access the Site or use the Services in any unlawful way or for any unlawful purpose; (ii) post or transmit (a) a message under a false name, or (b) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is (1) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (2) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site or the Services; (v) use robots or scripts with the Site; (vi) attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site; (vii) to have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) incorrectly identify the sender of any message transmitted to MYCONCIERGEMD. You may not alter the attribution or origin of electronic mail, messages, or posting; (ix) harvest or collect Protected Health Information about any other individual who uses the Site or the Services; (x) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties.

You agree to defend, indemnify, and hold harmless MYCONCIERGEMD, and your Provider from and against all third-party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by us arising out of any User Information you upload to or transmit through the Site.

13. Claims of Copyright Infringement

We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.

MYCONCIERGEMD respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to MYCONCIERGEMD’s Designated Copyright Agent, identified below.

Notices of Alleged Infringement for Content Made Available on the Site

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice (“Copyright Notice”) complying with the following requirements.

  1. Identify the copyrighted works that you claim have been infringed.
  2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
  3. Provide your mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Copyright Notice:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

“I hereby state that the information in this Copyright Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

  1. Provide your full legal name and your electronic or physical signature.

Deliver this Copyright Notice, with all items completed, to our Copyright Agent:

MYCONCIERGEMD Department

Copyright Notice re (Please choose one as applicable)

9301 Wilshire blvd suite 405a Beverly Hills 90210

info@myconciergemd.com

14. Intellectual Property

With the exception of your electronic medical record ,MYCONCIERGEMD retains all right, title, and interest in and to the Site, the Services, and any information, products, documentation, software, or other materials on the Site, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing, except for information on the Site licensed by MYCONCIERGEMD (in that case, the license provider retains all right, title, and interest therein). The information available through the Site and the Services is the property of MYCONCIERGEMD, or the Provider, as applicable. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of MYCONCIERGEMD trademarks, service marks, and logos are strictly prohibited without the prior written permission of MYCONCIERGEMD. The immediately foregoing sentence also applies to any third-party trademarks, service marks, and logos posted on the Site. Nothing contained on the Site should be construed as granting, by implication, estoppel, waiver, or otherwise, any license or right to use any trademarks, service marks, or logos displayed on the Site without the written grant thereof by MYCONCIERGEMD, or the third party owner of such trademarks, service marks, or logos. The Site may contain other proprietary notices and copyright information, the terms of which you agree to follow.

MT may delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene, or in violation of copyright, trademark, or other intellectual property or ownership right of any other person or entity.

15. Disclaimer of Warranties

MYCONCIERGEMD DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. MT DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. MT DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD, AND DISTRIBUTED BY MT ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY MT OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES. MT DOES NOT GUARANTEE THAT THROUGH USE OF OUR SERVICES ANY PRESCRIPTIONS WILL BE WRITTEN FOR YOU. MMG PROVIDERS DO NOT PRESCRIBE DEA CONTROLLED SUBSTANCES, SUCH AS THOSE CONTAINING OPIOIDS OR AMPHETAMINES. MT DOES NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY PRODUCTS OR SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE SERVICE, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE, INCLUDING YOUR FAILURE TO COMPLY WITH ANY WARNING LABELS ATTACHED TO ANY MEDICATIONS.

16. Limitation of Liability Regarding Use of Site

EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION:

MYCONCIERGEMD SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF MMG OR THE PROVIDERS. MT AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, OR LINKED WEBSITES IS TO STOP USING THE SITE OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF MT TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.

17. No Third-Party Rights

Unless expressly stated in the Terms of Use to the contrary, nothing herein is intended to confer any rights or remedies to any persons other than you, MYCONCIERGEMD, and its affiliates. Nothing in the Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to you, MYCONCIERGEMD, and its affiliates, nor shall any provision give any third parties any right of subrogation or action against you, MYCONCIERGEMD, and its affiliates.

18. Assignment

You may not assign, transfer, or delegate the Terms of Use or any part thereof without MYCONCIERGEMD prior written consent. MYCONCIERGEMD may freely transfer, assign, or delegate all or any part of the Terms of Use, and any rights or duties hereunder or thereunder. The Terms of Use will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties.

Business Associate Agreement

For purposes of this Section, terms not defined below or in the body of this Agreement (whether or not capitalized) have the definitions given to them in the Health Insurance Portability and Accountability Act of 1996, the Health Information Technology for Economic and Clinical Health Act of 2009, and all regulations promulgated thereunder, including the Privacy Rule and the Security Rule, as amended (collectively, “HIPAA”). “Protected Health Information” or “PHI” shall have the same meaning as the term “protected health information” in HIPAA but shall be limited to the information that we create, receive, maintain, or transmit on your behalf.

We may use and disclose your PHI as follows:

  1. To provide the Services to you. Part of the Services includes the storage of your PHI in order to: (i) make it available to you and your Workforce for any legal purpose, including treatment, payment and health care operations; (ii) to facilitate the sharing of PHI among users and other parties with whom you or your Workforce member elect to share such information, and (iii) to make information available to your patients through MYCONCIERGEMD. You may make PHI accessible to other users of the Services, other individuals and entities, or your patients through the Services for these purposes. Specifically:
    1. We will permit unrestricted access to your PHI to you and your Authorized Workforce. You are responsible for ensuring that your use of the PHI is consistent with HIPAA and other applicable laws.
    2. We will permit access to PHI to your patients to whom you have enabled access through MT.
    3. With your consent, we will permit access to your PHI by health care providers, covered entities and their business associates to whom you have consented to provide access to the Services and who have otherwise agreed to integrate with our Services. You acknowledge that once we have granted access rights to another provider or covered entity (or their respective business associates), we have no control over the uses and disclosures that such person or entity makes of your PHI, and the recipient may be subject to its own legal and regulatory obligations (including HIPAA) to retain such information and make such information available to patients, governmental authorities and others as required by applicable law or regulations.
    4. We may use your PHI and Directory Information (defined below) to contact your patients on your behalf for any purpose for which you would be permitted to contact them, including:
      1. For treatment and health care operations messages, including sending appointment notifications (such as appointment requests, confirmations, reminder, cancellations and the like) and messages about currently prescribed medications (including refill reminders), and post-visit treatment satisfaction surveys, invitations and administrative messages concerning MYCONCIERGEMD access, and the like;
      2. With your consent, to request an authorization on your behalf from your patients to use or disclose PHI for any purpose for which use or disclosure may be made with an appropriate authorization, including marketing and research purposes. You agree that we may also use and disclosure your patients’ PHI as permitted by such authorization; and
  • To provide information about health-related products or services that you provide, or that we provide on your behalf as your business associate.
  1. From time to time, and to the extent permitted by HIPAA and other applicable law, we may incorporate information we receive from your authorized service providers, our third party partners, or covered entities (and their business associates) who are providing or paying for medical services for one or more of your patients, into the Services we provide to you. Such information may include, without limitation, clinical information such as lab results, imaging results, eligibility information, prior authorizations, and prescription history; and shall, upon incorporation into the Services, be treated as your PHI for all purposes hereunder. You hereby authorize us to request and receive such information on your behalf from such authorized service providers or our third-party partners.
  2. We may use or disclose your PHI for other purposes, as from time to time described in our Policies and Procedures; provided that we will not make or permit any such use or disclosure that would violate applicable law or regulation if made by you or your business associate.
  1. To carry out our legal responsibilities or for our proper management and, provided that any such disclosures are either (1) Required by Law, or (2) we obtain reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as Required by Law or for the purpose for which it was disclosed to the person, and the person notifies us of any instances of which it becomes aware in which the confidentiality of the information has been breached.
  2. To provide Data Aggregation services to you as permitted by the Privacy Rule. This will include, for example, using your PHI to prepare analyses and reports such as activity or quality-metrics reports.
  3. To create de-identified information in accordance with the requirements outlined in the Privacy Rule. Data that has been de-identified will no longer be subject to the terms of this Agreement and you hereby transfer and assign to us all right, title and interest in and to all de-identified information that we make from your PHI. You agree that we may use, disclose, market, license and sell such de-identified information for any purpose without restriction, and that you have no interest in such information, or in the proceeds of any sale, license, or other commercialization thereof.
  4. To the extent permitted by the Privacy Rule, we may create Limited Data Sets from your PHI, and disclose them for purposes of research, public health, and health care operations pursuant to a valid Data Use Agreement. You hereby authorize us to enter into Data Use Agreements on your behalf for the use of the Limited Data Sets, in accordance with HIPAA and other applicable law.

In creating, receiving, maintaining, or transmitting PHI on your behalf in accordance with this Agreement, we will:

  1. Not use or disclose PHI except as permitted or required by this Agreement or as required by law (as such term is defined in 45 CFR § 164.103);
  2. Use appropriate safeguards and comply, where applicable, with the requirements of the Security Rule with respect to electronic PHI to prevent the use or disclosure of such information in a manner inconsistent with the provisions of this Agreement;
  3. Report to you any use or disclosure of PHI not provided for by this Agreement of which we become aware, including any Breach of Unsecured PHI as required by 45 CFR § 164.410, and any Security Incident of which we become aware; however, this Agreement serves as our notice to you that attempted but unsuccessful Security Incidents, such as pings and other broadcast attacks on our firewall, port scans, unsuccessful log-on attempts, denials of service and any combination of the above, regularly occur and that no further notice will be made by us unless there has been a successful Security Incident;
  4. In accordance with 45 CFR §§ 164.502(e)(1)(ii) and 164.308(b)(2), as applicable, ensure that any subcontractors that create, receive, maintain or transmit PHI on our behalf agree to substantially the same restrictions and conditions that apply to us with respect to such PHI (it being understood, for the avoidance of doubt, that other users of the Services are not our subcontractors);
  5. Make available to you your PHI in furtherance of your obligations under 45 CFR § 164.524;
  6. Make available to you your PHI in furtherance of your obligations to amend and incorporate any amendments to such information in accordance with 45 CFR § 164.526;
  7. Document and make available to your information necessary for you to provide an accounting of disclosures in accordance with 45 CFR § 164.528;
  8. To the extent that we are to carry out your obligations under the Privacy Rule, comply with the requirements of the Privacy Rule that apply to you in the performance of such obligations;
  9. Make our internal practices, books, and records relating to the use and disclosure of PHI received from, or created or received by us on your behalf, available to the Secretary of the United States Department of Health and Human Services for purposes of determining your compliance with the Privacy Rule; and
  10. At termination of this Agreement we will provide you with a copy of your PHI in an electronic form that is accessible through commercially available hardware and software. You may have to purchase such hardware and software from third parties in order to access your PHI, and you may have to configure your systems in order to use your PHI in your practice. Upon termination we will, if feasible, return or destroy all PHI received from, or created or received by us on your behalf that we still maintain in any form, and retain no copies of such information; or, if such return or destruction is not feasible (whether for technical, legal, regulatory or operational reasons), extend the protections of this Agreement to the information and limit further uses and disclosures to those purposes that make the return or destruction of the information infeasible.

Your Responsibilities with Respect to PHI

You are solely responsible for affording individuals their rights with respect to relevant portions of PHI, such as the rights of access, amendment, and accounting of disclosures. You will not undertake to afford an individual any rights with respect to information in the Services other than your PHI.

We apply the standards of the Privacy Rule in permitting access to the Services. You acknowledge that other federal and state laws impose additional restrictions on the use and disclosure of certain types of health information, or health information pertaining to certain classes of individuals. You agree that you are solely responsible for ensuring that your PHI may properly be disclosed for the purposes set forth in this Agreement, subject to the restrictions of the Privacy Rule and applicable law, including those laws that may be more restrictive than the Privacy Rule. In particular, you will: (i) not make available to other users through the Services any information in violation of any restriction on use or disclosure (whether arising from your agreement with such users or under law); (ii) obtain all necessary consents, authorizations, or releases from individuals required for making their health information available through the Services for the purposes set forth in this Agreement; (iii) include such statements (if any) in your notice of privacy practices as may be required in connection with your use of the Services; and (iv) not place in the Services any information that you know or have reason to believe is false or materially inaccurate.

19. Dispute Resolution; Arbitration Agreement

We will try work in good faith to resolve any issue you have with Site, including Products and Services ordered or purchased through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.

You and MYCONCIERGEMD agree that any dispute, claim or controversy arising out of or relating in any way to these Terms of Use or your use of the Site, including Products and Services ordered or purchased through the Site, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and MYCONCIERGEMD are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and MYCONCIERGEMD.

If you desire to assert a claim against MYCONCIERGEMD, and you therefore elect to seek arbitration, you must first send to MYCONCIERGEMD, by certified mail, a written notice of your claim (“Notice”). The Notice to MYCONCIERGEMD should be addressed to: MYCONCIERGEMD , Attn: Legal, 9301 Wilshire blvd suite 405 A Beverly Hills 90210.. If MYCONCIERGEMD desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by MYCONCIERGEMD, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If MYCONCIERGEMD and you do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or MYCONCIERGEMD may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by MYCONCIERGEMD or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after MYCONCIERGEMD receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $5,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless MYCONCIERGEMD and you agree otherwise, any arbitration hearings will take place in Austin, Texas. (If you reside outside of the United States, unless otherwise mutually agreed to by the parties, any arbitration hearings will take place telephonically, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

YOU AND MYCONCIERGEMD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and MYCONCIERGEMD agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

If this agreement to Arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for Austin, Texas.

20. Force Majeure

MYCONCIERGEMD will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, or other disaster.

21. Indemnification

You agree to defend, indemnify, and hold harmless MYCONCIERGEMD, and any affiliates from and against any and all third-party rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Site, Products, or Services or any information posted on the Site; (ii) your breach of the Terms of Use or Privacy Policy; (iii) the content or subject matter of any information you provide to MYCONCIERGEMD, or any Provider or customer service agent; or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Site, Products or Services or any information on the Site, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.

22. Application Support; Functionality

All questions and requests relating to Site support must be directed to MYCONCIERGEMD. To submit a support request, please email us at:info@myconciergemd.com , The Select Third Parties, as defined in Section 26, are not responsible for providing support for the application portions of the Site and may not be contacted for support. You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Services or the Site. Please note that we may change or remove functionality and other features of the Site at any time, without notice.

23. Modified Devices and Operating Systems

MYCONCIERGEMD will have no liability for errors, unreliable operation, or other issues resulting from use of the Site on or in connection with rooted or jail broken devices or use on any mobile device that is not in conformance with the manufacturer’s original specifications, including use of modified versions of the operating system (collectively, “Modified Devices”). Use of the Site on Modified Devices will be at your sole and exclusive risk and liability.

24. No Liability for Select Third Parties

Your wireless carrier, the manufacturer and retailer of your mobile device, the developer of the operating system for your mobile device, the operator of any application store, marketplace, or similar service through which you obtain the Site, and their respective affiliates, suppliers, and licensors (collectively, the “Select Third Parties”) are not parties to these Terms of Use and they do not own and are not responsible for the Site. MYCONCIERGEMD, and not any Select Third Parties, is responsible for addressing any claims raised by you or any third party regarding the Site or your use or possession thereof, including claims related to product liability, legal, or regulatory requirements, and consumer protection or similar legislation. You are responsible for complying with all application store and other applicable Select Third Parties’ terms and conditions. YOU AGREE (I) THE SELECT THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (II) IN NO EVENT WILL THE SELECT THIRD PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THESE TERMS OF USE OR THE SITE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (III) IN ANY EVENT, THE MAXIMUM LIABILITY OF ANY SELECT THIRD PARTY FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) OF EVERY KIND WILL IN NOT EXCEED FIVE DOLLARS ($5.00); AND (IV) YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST THE SELECT THIRD PARTIES ARISING OUT OF THE SITE AND THESE TERMS OF USE. THE THIRD PARTIES ARE INTENDED THIRD PARTY BENEFICIARIES OF THESE TERMS OF USE, AND ARE CAPABLE OF DIRECTLY ENFORCING ITS TERMS. NOTHING CONTAINED IN THESE TERMS OF USE WILL BE CONSTRUED AS MODIFYING OR AMENDING ANY AGREEMENTS OR OTHER TERMS BETWEEN YOU AND THE SELECT THIRD PARTIES WITH REGARD TO THEIR SUBJECT MATTER. In the event of any claim that the Site or your possession and use of the Site infringes a third party’s intellectual property rights, the Select Third Parties are not responsible for the investigation, defense, settlement, or discharge of the infringement claim.

25. Revisions; General

MYCONCIERGEMD reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. MYCONCIERGEMD reserves the right to modify these Terms of Use at any time, effective upon posting. Any use of this website after such changes will be deemed an acceptance of those changes. You agree to review the Terms of Use each time you access this website so that you may be aware of any changes to these Terms. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between MYCONCIERGEMD and you pertaining to the subject matter hereof. In its sole discretion, MYCONCIERGEMD may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site.

Copyright/Trademark Information. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

26. How to Contact Us

By Mail:

MYCONCIEGEMD

9301 Wilshire blvd suite 405 A Beverly Hills 90210

By Telephone:

3102998959

By Email:

info@myconciergemd.com