Last Modified: June 1, 2021
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.
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.
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.
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.
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.
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:
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.
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:
You must not:
You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
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.
Additionally, you agree not to:
Monitoring and Enforcement; Termination
We have the right to:
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.
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:
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
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.
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.
Governing Law, Jurisdiction, and Arbitration
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
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 email@example.com. with any questions regarding these Terms of Service.