HEALTHCARE PROFESSIONAL TERMS OF USE

Last Modified: June 1, 2021

Acceptance of the Terms of Use

These terms of use are entered into by and between You (“Healthcare Professional or you”), as an individual, entity or facility providing healthcare services to patients, and PreferredMD Group, Inc. ("PreferredMD," "we," or "us"). The following terms and conditions ("Terms of Use") govern your access to and use of www.preferredmd.com, including any content, functionality, and services offered on or through www.preferredmd.com (the "Site" or “Platform”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Site. By using the Site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you are not permitted to access or use the Site. 

This Site is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Site, you represent and warrant that you are of legal age to form a binding contract with PreferredMD, are duly licensed to provide services as a healthcare professional under United States state and federal law and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. However, we shall notify you of any material changes after they are made effective. 

Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you

Description of our Services

PreferredMD is an online platform connecting Healthcare Professionals (including individual healthcare providers and surgical facilities) and those seeking healthcare services (“Patients”).  We serve as the connection between Patients and you.  Patients may search for registered Healthcare Professionals on the site, book appointments, share healthcare documents, read, and write reviews of available registered Healthcare Professionals, and communicate with Healthcare Professionals by email and text.  Healthcare Professionals will likewise be able to communicate with Patients through PreferredMD, check for Patient insurance benefits, access PreferredMD’s billing services, obtain preauthorization, communicate with facilities, and share documents with facilities and Patients (collectively the “Services”).  Some of the Services are provided for a fee.

By using the Site, you acknowledge that Patients may be contacted to review your services and the Services provided by the Site.  Once uploaded, all reviews will be accessible by the public, including other Patients and Healthcare Professionals.  

To the extent any appointments are booked through the Site, it is your responsibility to confirm same directly with the Patient.

While Information (as is hereinafter defined) is shared between you and Patient, you acknowledge and affirm that the exchange of Information does not create a medical professional/patient relationship. Further, communication exchanges made through the Site do not constitute medical opinions, medical advice, diagnoses, or treatment. For the avoidance of doubt: communications made through the Site and the exchange of Information act for the purpose of assisting the Patient in choosing a Healthcare Professional, scheduling appointments between Patients and Healthcare Professionals, or to otherwise provide general information in the form of suggestions, text, data, graphics, images, photographs, video, audio information, articles, scheduling availability, guidance, or other materials provided in response to Patient questions or postings (collectively, “Information”).

WHILE THE PLATFORM MAKES REASONABLE EFFORTS TO PROVIDE USERS WITH ACCURATE INFORMATION, THE PLATFORM CANNOT MAKE GUARANTIES REGARDING THE INFORMATION EXCHANGED BETWEEN ITS USERS, WHETHER THEY ARE HEALTHCARE PROFESSIONALS OR PATIENTS. BY AGREEING TO THESE TERMS, YOU ACKNOWLEDGE THAT PREFERREDMD SHALL IN NO EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR DECISIONS MADE IN RELIANCE OF INFORMATION EXCHANGED ON OR THROUGH THE SITE OR PLATFORM. PREFERREDMD IS NOT A REFERRAL SERVICE AND DOES NOT IN ANY WAY REFER, ENDORSE, OR RECOMMEND ANY INDIVIDUAL HEALTHCARE PROFESSIONAL FEATURED ON THE SITE, OR LISTED IN INFORMATION EXCHANGED BETWEEN HEALTHCARE PROFESSIONAL AND PATIENT.

Medical Advice

PreferredMD is not a Healthcare Professional. The Information received by any user from PreferredMD, its employees, contractors, partners, sponsors, advertisers, licensors, agents, or otherwise connected individuals through Services is solely intended for informational, scheduling, and billing purposes. Any Information shared with users by PreferredMD of a medical nature is purely for advertising or informational purposes only. For the avoidance of doubt, the Services do not form a doctor—patient relationship between you and a Patient.  Any such relationship may be formed only upon you forming such a relationship with a Patient.

Patients and Healthcare Professionals who rely on Information received through the Site’s Services do so solely at their own risk. PreferredMD recommends and encourages you to ensure that any Information featured on The Platform is verified as to your credentials, education, certification, and good standing.

Healthcare Professional Information on the Site

All shared Information about Healthcare Professionals on the Site is intended for general reference purposes only. While Information related to Healthcare Professionals may be collected from other data sources otherwise unconfirmed by Healthcare Professional from time to time, Healthcare Professional provides its own relevant Information to be featured on the Site. Further, while PreferredMD makes efforts to verify or update Healthcare Professional Information, Healthcare Professionals acknowledge and affirm that they are primarily responsible to provide accurate and up-to-date information about their services, credentials, education, and certification.

Registration

In order to access and use the Site, you must register by creating a Healthcare Professional account.  We are under no obligation to accept any specific potential Healthcare Professional and may accept or reject any registration in our sole and complete discretion.  During registration, you will be asked to provide certain personal information, including without limitation, your name, your practice name, email address, and phone number. By your registration, you are warranting that all information you submit to us is truthful, complete and accurate.  You also promise to maintain the accuracy of such information, and to promptly make any changes.  We reserve the right to delete or change your Healthcare Professional account at any time and for any reason.

You will also be required to create a password for your account.  You are responsible for the confidentiality of your Healthcare Professional account and for the activity that occurs on the account.  PreferredMD will not be liable for any losses caused by any unauthorized use of your Healthcare Professional account. Use of another user’s account without permission is prohibited.

In addition to our rights in these Terms of Use, we may take any legal action and implement any technological measures to prevent violations of the restrictions hereunder and to enforce these Terms.

General Healthcare Professional Responsibilities

You acknowledge and agree that you will not use the Site’s Services to engage in, directly or indirectly, any agreement or coordination of prices for your services with other Healthcare Professionals with accounts on the Site, or otherwise. 

In general, you acknowledge and agree that you shall not use the Site’s Services to, directly or indirectly, engage in or attempt to engage in any anti-competitive business practices including but not limited to price-fixing, output restriction, booking fraudulent appointments of any kind, or otherwise violate applicable antitrust, competition, or consumer protection laws and regulations.

Healthcare Professional Information  

You may post and upload information including but not limited to, description of services, accepted healthcare insurance providers, available physicians, addresses and phone numbers, and available appointment times (collectively, the “Healthcare Professional Information”) and by posting same, you grant us a license to it (described below).  Your Healthcare Professional Information will be accessible by Patients.  There is no confidentiality or privacy with respect to your Healthcare Professional Information, including, without limitation, any personally identifying information that you may make available within your Healthcare Professional Information. You are responsible for all Healthcare Professional Information that you upload, post, e-mail, or otherwise transmit via the Site.

You hereby grant PreferredMD a non-exclusive, royalty-free, sublicensable, transferable, perpetual license to modify, compile, combine with other information, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit your Healthcare Professional Information as reasonably necessary to provide the services to you under these Terms of Service.

Billing  

Certain Healthcare Professionals may provide through the Platform price information for their healthcare and related products and services (“Provider Services”) and permit Patients to use the Platform to pay these Provider Services (“Site Billing Services”). In connection with such billing services, PreferredMD shall process payment information in accordance with its Privacy Policy. PreferredMD and/or its processing partner may collect from the applicable Healthcare Provider a transaction or processing fee for its own billing, payment, and collection services performed in connection with the payment pursuant to a separate agreement. For the avoidance of doubt, any payment terms presented to any user in the process of using the Site’s Billing Services are deemed a part of these Terms of Use.

Any transaction processing fees shall not exceed the fair market value for Site’s Billing Services provided by PreferredMD and its payment processing partner(s). If you use the Site’s Billing Services to bill Patients registered to the site, you may be required to accept the terms of use and privacy policy of our payment processing partner with respect to Site Billing Services.

Accessing the Site and Account Security

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion 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. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Site.
  • Ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by PreferredMD, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site. 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by PreferredMD. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

PreferredMD name and all related names, logos, product and service names, designs, and slogans are trademarks of PreferredMD or its affiliates or licensors. You must not use such marks without the prior written permission of PreferredMD. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards (as are hereinafter defined) set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
  • To impersonate or attempt to impersonate PreferredMD, a PreferredMD employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm PreferredMD or users of the Site, or expose them to liability.

Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
  • Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Site.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site. 
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Site.

 

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any of your content for any or no reason in our sole discretion.
  • Take any action with respect to any of your content that we deem necessary or appropriate in our sole discretion, including if we believe that such content violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for PreferredMD.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site. 
  • Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS PREFERREDMD AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PREFERREDMD/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER PREFERREDMD/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Notwithstanding the foregoing, we do not undertake to review all material before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 

Content Standards

These content standards apply to Healthcare Professional Information and any and all other user contributions. 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:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations, especially under the Health Insurance Portability and Accountability Act (“HIPAA”), or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization. 
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Reliance on Information Posted

The Information presented on or through the Site is made available solely for scheduling, research, review, or general information purposes. 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 may include 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 PreferredMD, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of PreferredMD. 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.

Information About You and Your Visits to the Site

All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

Links from the Site

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

Geographic Restrictions

The owner of the Site is based in the State of New York in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

PreferredMD is not bound by any contractual agreement arising between Patient and Healthcare Professionals, whether or not PreferredMD receives some form of remuneration in connection with the transaction.  You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PREFERREDMD NOR ANY PERSON ASSOCIATED WITH PREFERREDMD MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER PREFERREDMD NOR ANYONE ASSOCIATED WITH PREFERREDMD REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, PREFERREDMD HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL PREFERREDMD, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. WE PROVIDE SITE SERVICES “AS IS “AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE CONTENT OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF THE DATA OR INFORMATION PROVIDED HEREIN, PREFERREDMD MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

If there is a dispute between users, Healthcare Professionals or Patients, of the Site, or between users and a third party, you acknowledge and agree that PreferredMD is under no obligation to become involved in any way, shape, or form at any time. In the event of a dispute between a Patient and a Healthcare Professional, or either so named party and a third party, you expressly release PreferredMD, its directors, employees, contractors, agents, successors and/or assigns from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, confidential, or public, arising out of or in any way related to such disputes and/or the Site’s Services.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless PreferredMD, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your User Contributions, any use of the Site's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Site.

Governing Law, Jurisdiction, and Arbitration

All matters relating to the Site and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the County of New York, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

PREFERREDMD AND HEALTHCARE PROFESSIONAL HEREBY WAIVES ANY RIGHT TO A JURY TRIAL. 

PreferredMD and its users, Patient or Healthcare Professional, shall use their best efforts to settle any dispute, claim, question, or disagreement out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in New York County, New York. The arbitration shall proceed in the English language, in accordance with the American Arbitration Association (“AAA”) Commercial Arbitration Rules and Mediation Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

The Rules will govern payment of all arbitration fees. Nothing herein shall be deemed to prevent PreferredMD from seeking injunctive relief in a court of competent jurisdiction. 

Waiver and Severability

No waiver by PreferredMD of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of PreferredMD to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 

Miscellaneous 

The Terms of Use, and our Privacy Policy constitute the sole and entire agreement between you and PreferredMD regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site. 

The section headings in these Terms of Service are provided merely for convenience and shall not be given any legal import.

By providing PreferredMD your email address you consent to PreferredMD sending you notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Site and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. 

 

Please contact us at contact@preferredmd.com. with any questions regarding these Terms of Service.