Amdoctors mission is to provide access to US physician’s expertise anywhere in the world.
TERMS AND CONDITIONS
This Terms and Conditions of Service is a binding agreement between you and those individuals included in your account who will be using this Site (collectively, “You”, “Your” or “End User”), and Amdoctors.com, the owner and administrator of Amdoctors.com(the “Site”). The website shall majorly provide second medical opinion services and shall also provide first medical opinion as well, medical records assistance and medical records digitization and storage, as defined herein, to the end user. These terms and conditions, as well as any additional terms, conditions and covenants referenced in this Agreement (collectively, these “Terms”, “Terms and Conditions” or this “Agreement”), govern the use of and access to the Site and any of the services offered on the Site.
REVIEW THESE TERMS AND CONDITIONS IN THEIR ENTIRETY BEFORE ACCESSING, USING OR BUYING ANY SERVICE THROUGH THE SITE.
IMPORTANT: Amdoctors.com IS NOT A HEALTH INSURANCE COMPANY AND IS NOT LICENSED TO SELL HEALTH INSURANCE.
: Amdoctors.com is only for patients/clients outside the USA.
1. ACCEPTANCE OF TERMS AND CONDITIONS:
2. CHANGES AND MODIFICATION TO THESE TERMS AND CONDITIONS:
3. USING THE SERVICE AND SUBMITTING A SUBSCRIPTION:
Subscription Services: You have elected to utilize the Site as a paid subscriber. Amdoctors.com offers certain services for sale (collectively, the “Services”) on the Site. Amdoctors.com reserves the right to modify the prices or other Terms charged for these Services, or to add or remove any Service from the Site, at any time without prior notice to you. Price changes shall not apply to services purchased prior to the price change.
4. SUBSCRIPTION AND CANCELLATION FEES:
User shall pay to Amdoctors.com the annual subscription fees described in this Site for the particular Service(s) you wish to purchase. The compensation payable to Amdoctors.com shall be due upon registration, and shall be non-refundable to you. Notwithstanding the foregoing, you shall have the right to cancel the subscription subject to certain cancellation fee charges.
The initial term of these Terms and Conditions shall be year (s) commencing from the Effective Date (the “Term”). The Effective Date is the date on which you subscribe to the Service.
Beyond the initial Term, your subscription may be renewed for successive year periods.
Amdoctors.com makes available to each end user and their attending physicians medical opinion services to assist you and your physician to better understand and assess your medical condition. Amdoctors.com arranges for you to receive a Second Medical Opinion (“SMO”), as defined below, from one or more contracted physicians (the “Physicians”) licensed to practice medicine in the state, territory, or foreign country of residence of the end user.
7. SECOND MEDICAL OPINION SERVICES:
Amdoctors.com makes available to its end Users and their attending physicians medical opinion services to assist the end User and their physician to better understand and assess medical conditions.Amdoctors.com arranges for you to receive a Second Medical Opinion (“SMO”) from one or more physicians under contract with Amdoctors.com (“Physicians”). The term “Second Medical Opinion”, “SMO” shall mean (i) an independent review by a Physician (or team of Physicians) of your personal health records (“PHR”) provided by you to Amdoctors.com, including without limitation, laboratory tests and x-rays; (ii) the providing of information, if any, to you or your designee with any diagnosis or treatment.; and (iii) the expression of a written statement by the Physician as to whether the Physician agrees with the diagnosis assigned, and the course and plan of treatment provided or to be provided, to you. Unless the state, territory or foreign country permits otherwise, you understand and acknowledge that the Physicians furnishing the SMO services hereunder shall, at a minimum, be licensed to practice medicine in your respective state, territory or foreign country of residence.Amdoctors.com abides by all state regulations in offering these Services. However, if you do not reside in a state that permits an electronic SMO, Amdoctors.com may not be able to process the User’s SMO request.
You agree to provide to Amdoctors.com true and complete copies of your medical records (“Records”) to receive SMO Services and any other additional medical information and/or documents in your possession or control that may be necessary in the diagnosis and treatment of any medical condition.
Amdoctors.com assumes no responsibility for (i) following up or ensuring that you take any action set forth in the recommendation(s) contained in any SMO, (ii) recommending any health care professionals, or (iii) otherwise responding to the information included in your SMO.
Amdoctors.com shall arrange for the delivery of the SMO Report to you within at least forty-eight (48) hours from the date Amdoctors.com determines the Records are sufficiently complete to enable it to begin a review, or within at least five (5) days in the event the Physician requires additional information.
8. MEDICAL RECORDS ASSISTANCE:
Amdoctors.com offers a service of Medical Records Assistance.Amdoctors.com will gather your records from the your current or previous physician(s), scan related paper records, copies of documents, records, images, and information, review paper or electronic records in order to detect specific problems which the User may have overlooked, and electronically upload the your records to the appropriate sections of the Amdoctors.com PHR.
You agree to complete Amdoctors.com required Authorization for Release of Protected Health Information form. (2) By signing Amdoctors.com Authorization for Release of Protected Health Information form, you authorize Amdoctors.com to receive your Medical Records for the purpose of digitizing, sorting and uploading. (3) You acknowledge that additional fees may be required by your Physician(s) and/or third party health administrators.
By signing and submitting the Authorization for Release of Protected Health Information form, you agree to give Amdoctors.com Medical Records Administrator or Medical Director access to your account to upload and store the medical records received on your behalf.
9. MEDICAL RECORDS DIGITALIZATION AND STORAGE:
Amdoctors.com also offers a service of digitalization and storage of your medical records.
You have the opportunity to upload, store and access your health records and information, including copies of documents, records, images, and information submitted by you (“Your Data”). Amdoctors.com will maintain your Data on a secure database. Electronic storage allows the immediate viewing of your Data by you or your authorized health care providers.
You are responsible for uploading your Records to the Site. Amdoctors.com will not be responsible for returning any original or other documents comprising your Records provided to Amdoctors.com. To the extent permitted by law, any documents or images you submit or direct to be submitted on your behalf to Amdoctors.com shall become Amdoctors.com property and cannot be returned to you. Amdoctors.com assumes no responsibility for the quality of X-rays or other personal medical images archived on the Site or for medical decisions, which are based on your Records, including any images or reports. The documents you submit or direct to submit to Amdoctors.com may be destroyed at Amdoctors.com discretion.
By agreeing to these Term and Conditions, you grant Amdoctors.com, its employees, officers, directors, agents, and contractors, and all other persons or entities involved in the operation of this Site, the right to access, transmit, receive, monitor, retrieve, store, maintain, and use your Data and any other information you provided in connection with the establishment and maintenance of your Amdoctors.com account to provide the SMO services, the medical records assistance and the medical records digitalization and storage services (collectively “Services”) and to operate this website, including but not limited to, converting documents received on your behalf to an electronic format.
You are solely responsible for the accuracy and completeness of any documents or data you submit to this website. You are also responsible for occasionally reviewing your Data to ensure accuracy.
10. SITE USAGE:
By registering to use this website, you will create a personal profile account and may have access to the posting feature. By posting any comments or other material on this site (each, a “Posting”), you give this website the irrevocable right to reproduce, distribute, publish, display, edit, modify, create derivative works from, and otherwise use your posting for any purpose, in any form, and on any media without consideration. By submitting communications or content to the public areas, you agree that such posting is non-confidential for all purposes.
11. CANCELLATION POLICY:
SUBSCRIPTIONS AND MEMBERSHIPS ARE SUBJECT TO CANCELLATION PENALTIES AND ARE NON-TRANSFERABLE/NON-CHANGEABLE. IN THE EVENT THAT YOUR SUBSCRIPTION MEMBERSHIP IS OBTAINED THROUGH A CORPORATE SPONSORED OR PRE-PAID PLAN, THIS CANCELLATION POLICY SHALL NOT APPLY. If you wish to cancel a subscription, it must be done by sending an email to Amdoctors.com. You will be asked to agree to this cancellation policy prior to proceeding with the subscription of the membership.
If you cancel the subscription for any other plans during his enrollment, the subscription fee shall be non-refundable.
The cancellation of the membership prior to the expiration of your year membership will result in a time cancellation fee of.
Upon cancellation of the membership, your account will no longer be accessible.
For all Amdoctors.com memberships in which an online “Second Medical Opinion” (SMO), as defined below, has been performed by this website; if you cancel prior to the end of your membership, you shall be responsible for the payment of the full cost of the SMO service.
Amdoctors.com may terminate this Agreement (i) if you commit a material breach of these Terms and Conditions and fail to remedy that breach within thirty (30) days of receipt of a written notice of such material breach, or (ii) if you fail to pay an invoice when due.
You may terminate this Agreement (with no penalty) if Amdoctors.com commits a material breach of this Agreement and fails to remedy that breach within thirty (30) days of receipt of written notice of material breach.
12. END-USER’S OBLIGATIONS:
a) You will maintain the security of all your identification, password and other confidential information relating to the use of your account.
b) You will not copy, modify, or display or download Amdoctors.com name, trademarks, or logo or any text, copyrighted works, graphic images, or other proprietary content from the Site.
c) You will not upload or transmit any communications or content of any type that infringes upon or violates the rights of any party.
d) You will not redeliver any of the pages, text, images, or other content of this website using “linking,” “deep linking,” or “framing” technology.
e) You will not create a link from a website to any page of the Amdoctors.com unless you or the operator of the other website has executed Amdoctors.com then-standard agreement for the granting of permission to establish such a link.
f) You will not include any Amdoctors.com mark, the name of any of Amdoctors.com personnel, or any variation of any of the foregoing as a Meta tag, hidden textual element, or any other indicator that may create a false or misleading impression of affiliation, sponsorship, or endorsement between any user and/or website.
g) You will not use devices (including software) that are designed to provide repeated automated access to this website other than those made generally available by this website, or probe, scan, or test the vulnerability of any system or network related in any way to this Site.
h) You will not use this Site or its Services for any purpose in violation of local, state, federal or international laws.
i) You will not use this Site or its Services as a means to distribute advertising or other unsolicited material to any third party.
j) You will not post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by this site in this site’s sole discretion.
k) You will not impersonate another person or create any false account information or health record for any other person.
l) You will not post advertisements or solicitations of business.
m) You will not post chain letters or pyramid schemes.
n) You will not allow any other person or entity to use User identification for posting or viewing comments.
o) You will not post the same note more than once or post “spam” or use this Site to create any nuisance.
p) You will not hold this site or any of its affiliates, successors, assigns or licensees, together with any of their respective officers, directors and employees, liable for damages including (but not limited to) loss of wages, revenue or business because of any services related to or provided by this Site.
q) You will not submit any media that contains your personally identifiable information (such as User’s name, phone number, email address or website URL) or that of anyone else except as otherwise requested by this site as otherwise permitted in accordance with this Agreement.
r) You will not upload any media on this Site without the express written permission from the owner of such media content.
s) You will not upload media of any kind that contain expressions of hate, abuse, offensive images, obscenity, pornography, sexually explicit content or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions.
t) You will not upload any media that contains software viruses or any other computer code, files or programs designated to interrupt, destroy or limit the functionality of any computer software or this Site.
u) You agree to comply with all your responsibilities and obligations as stated in these Terms and Conditions.
Amdoctors.comreserves the right, but is not obligated to: remove communications that are abusive, illegal or disruptive, or that otherwise fail to conform to these Terms and Conditions; terminate your access to the Site or any feature on the Site upon any breach of these Terms and Conditions; and edit or delete any communications posted on the Site, regardless of whether such communications violate these standards.
By uploading any media to a public area of the Site, including, but not limited to, a photo or video, (a) you grant this Site a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media in any format now existing or created in the future; (b) you certify that any person featured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes this Site to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media in any format now existing or created in the future; and (c) you agree that you will indemnify this Site against any damages, losses, liabilities, judgments, costs or expenses (including actual attorneys’ fees and costs) arising out of a claim by a third party relating to any media you have posted.
While Amdoctors.com welcomes your feedback on the Site, this site must make the final decisions about the content that is posted on the Site to make sure it conforms to this Site’s objectives and to the objectives this Site identifies for this Site’s Users. If you are dissatisfied with the Site, your only remedy is to stop using the Site. Amdoctors.com follows a standard set of editorial procedures for information that this website publishes on the Site.
When deciding to take advice on the Site and/or hire any professional based on information on the Site, you should perform independent research as to the accuracy of the credentials expressed in the content, provided in the professional’s public profile, or existing as part of any other material found on the Site or the Services.
13. USER ACCOUNT, PASSWORD AND SECURITY:
You must establish a user name and password upon completing the registration process. You are responsible for maintaining the confidentiality of the Access Code and are fully responsible for all activities that occur under your Access Code. You are responsible for taking all reasonable steps to ensure that no unauthorized person(s) shall have access to your Access Code. It is your sole responsibility to control the dissemination of your Access Code, to authorize, monitor, and control access to and use of your Records, Account, and Access Code, and to promptly inform Amdoctors.com of any need to deactivate or reset an Access Code.
You agree to immediately notify Amdoctors.com of any unauthorized use of your Access Code, password, or account information or any other breach of security; and, (b) ensure that you exit from your account at the end of each session. Amdoctors.com shall not be liable for any loss or damage arising from your failure to comply with these Terms and Conditions.
You agree that you are solely responsible for anything you post on the Site and that you will defend, indemnify, and hold Amdoctors.com, its officers, directors, affiliates, employees, agents, licensors, and suppliers harmless from and against any claims, actions, demands, liabilities, and settlements including, without limitation, actual legal and accounting fees resulting from, or alleged to result from, your violation of these Terms and Conditions or any claims based upon your Postings on the Site or your use of the Services.
You acknowledge and agree that the SMO Report contains only our Physician’s conclusions and information regarding the diagnosis and treatment or proposed diagnosis and treatment, and that reasonable minds may differ on such diagnoses and treatment or proposed diagnoses and treatment. In addition, you acknowledge and agree that the Physicians are independent contractors of this website, and that, as a result, this website has no control over, input into, or responsibility for, the matters contained in the SMO Report. You further acknowledge and agree that the SMO Report states a mere professional opinion and that you and your attending/treating physician are free to disregard the SMO Report in their sole and absolute discretion.
You acknowledge and agree that the provision of any Services to you, pursuant to your subscription, does not create a physician-patient relationship between the respective Physician(s) and you. Accordingly, on your own behalf and on behalf of your heirs, executors and personal representatives, hereby releases and discharges this website, all parent, subsidiary and/or affiliated companies, as well as its and their successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees, and the Physicians, (all of whom are referred to throughout this Agreement as “this website’s Releases”), of and from all claims in tort, demands in tort, tort causes of action, tort damages, tort losses, and expenses in tort, as a result of any alleged malpractice or alleged professional liability claim(s) arising out of or related to this Agreement. In addition, you hereby agree that neither you, nor your heirs, executors and personal representatives, will file any tort action, or assign to others the right to file any tort action, or make any claims in tort, as a result of any alleged malpractice or alleged professional liability against this website arising out of or related to this Agreement. The foregoing shall not be deemed or construed to prevent you from making any claim against this website for breach of contract for the failure of this website to perform its obligations under these Terms and Conditions.
The headings to the sections in this Agreement shall not affect the construction or interpretation of this Agreement.
You agree that these Terms and Conditions and all incorporated agreements between Amdoctors.com and you, may be assigned by Amdoctors.com, in its sole discretion.
17. WAIVER AND SEVERABILITY OF TERMS:
The failure of Amdoctors.com to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any of the provisions of this Agreement are held to be unenforceable by a court or other tribunal of competent jurisdiction, then such provisions (deemed unenforceable) shall be limited or eliminated to the minimum extent necessary and this Agreement shall otherwise remain in full force and effect.
18. NO RIGHT OF SURVIVORSHIP AND NON-TRANSFERABILITY:
You agree that your Amdoctors.com account is non-transferable by you and any rights to your Access Code or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
19. PROPRIETARY RIGHTS:
You acknowledge and agree that the Site and any necessary software used in connection with the Site (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Title to the Site and the Software remains with Amdoctors.com or the respective owner, and all rights not expressly granted herein are reserved to Amdoctors.com. You further acknowledge and agree that any content contained in sponsor advertisements or information presented to you through the Site is protected by copyrights, trademarks, service marks, patents or other intellectual property rights and laws and that all computer systems, procedures, and databases created, operated, maintained or accessed by Amdoctors.com in connection with the Site contain proprietary and confidential information of substantial economic value to Amdoctors.com. This information includes operations, systems, products, business relationships, marketing approaches, software, hardware, codes, trade secrets, information technology, information systems, plans and projections, as well as concepts and ideas. Any unauthorized use, misuse, or disclosure of such information is strictly prohibited and may result in civil liabilities and criminal penalties under applicable law.
Except as expressly authorized by Amdoctors.com or advertisers, as applicable, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part. You may download and reprint a single copy of the materials from the Site and/or the Services for you own personal, noncommercial use. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Site. You agree not to access the Site nor shall you otherwise create or attempt to obtain the source code of the Software.
20. COMPLETE AGREEMENT:
21. USER AND Amdoctors.com:
Electronic acceptance via the Site, facsimile signatures, and electronic signatures will have the same legal effect as original signatures and are binding on the parties. Upon acceptance, you have agreed to be bound by all of the terms and conditions of this Agreement. Your relationship with this website is one of independent parties to a contractual relationship and should not be construed to create a joint venture, partnership, or other affiliation.
Amdoctors.com collects personal information that you choose to share with Amdoctors.com when you register with the Site. This information may include your e-mail address, your health interests and your answers to questions about your health status. Amdoctors.com uses this information to tailor Amdoctors.com Services to you and this information is saved to Amdoctors.com database, enabling you to use the personalized features of the Site on a recurring basis. This saved information is collected only with your permission and may be updated or deleted by you at any time. If you choose to not provide the information required for registration, you may not register with the Site and you will not be able to personalize the Site.
22. THIRD PARTIES:
Amdoctors.com website is hosted by third parties independent of this website. Those persons are solely responsible for their performance, conduct, actions and omissions. Furthermore, some of the material on Amdoctors.com is provided by third parties independent of Amdoctors.com and Amdoctors.com disclaims any responsibility for or liability related to such third party material. Any question, complaints or claims related to any product should be directed to the appropriate third party.
Amdoctors.com reserves the right to make changes, modifications and alterations to this Site and the content without notification to you. As a registered user, you accept the obligation to periodically review these Terms and Conditions for changes or modifications. Continued use of Amdoctors.com Services shall be deemed acceptance of these Terms and Conditions as modified and you agree to be bound by any such changes.
24. APPLICABLE LAW / DISPUTES:
By using the Services of Amdoctors.com, you agree that the laws of the State of United States of America, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute that might arise between User and Amdoctors.com, its Physicians, staff or other affiliates. You expressly agree that exclusive jurisdiction for any dispute with this website, its affiliates, employees, subsidiaries, contractors, officers and directors, resides in the courts of, United States of America and also agree to and expressly consent to the exercise of personal jurisdiction in the courts of, United States of America in connection with any claim involving this website, its affiliates, employees and subsidiaries.
25. COPYRIGHT AND TRADEMARKS:
All content included on Amdoctors.com, including, but not limited to, text, photographs, graphics, button icons, images, artwork, names, logos, trademarks, service marks and data (“the Content”), in any form including the compilation thereof, are protected by copyright law and conventions. The Content includes both Content owned or controlled by this website and Content owned or controlled by third parties and licensed to this website. Except as set forth below, direct or indirect reproduction of the Content, in whole or in part, by any means, is prohibited without the express written consent of Amdoctors.com.
26. WARRANTIES AND LIMITATION OF LIABILITY:
Certain links in the Site may link you to other sites. The linked sites are not under the control of Amdoctors.com and Amdoctors.com is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Amdoctors.com is not responsible for webcasting or any other form of transmission received from any linked site. Amdoctors.com is providing these links to you only as a convenience, and the inclusion of any link does not imply a referral by Amdoctors.com, an endorsement of or sponsorship by Amdoctors.com, or affiliation by Amdoctors.com with, the linked site, its services, and its owner, operator, sponsoring organization or internet provider. This Site may contain advertisements by third parties and the Site may receive royalties from such advertisers.
Amdoctors.com is not liable to you or any third party for any decision made or action taken by you or anyone else based on information contained on the site or provided through the services, or due to reliance upon information contained on the site or provided through the services.
27. MONITORING OF SITE:
Amdoctors.com reserves the right to monitor any and all use of this Site. Amdoctors.com is under no obligation to do so and assumes no responsibility or liability arising from Amdoctors.com doing so or omission to do so. Amdoctors.com may monitor your use of this Site to evaluate the quality of service you receive, your compliance with these Terms and Conditions, the security of this Site, or for other lawful reasons. You agree that you will not be entitled to any cause of action or other right with respect to Amdoctors.com concerning such monitoring activities.
28. CONTACT US:
If you have any questions or concerns, you may contact Amdoctors.com Customer Service department as indicated Amdoctors.com will attempt to respond to your questions or concerns promptly.