Terms & Conditions -

TERMS AND CONDITIONS

These Terms and Conditions Are Our Entire Agreement. These Terms and Conditions, subject to amendment from time to time, represent the entire understanding and agreement between either or both of yourself as parent or guardian of a child and the actual patient (individually and collectively referred to as “You” and “Your”) and DR. MCIVER, MD P.L.L.C. (THE “DOCTOR”) with respect to the subject matter of the same, and supersedes all other negotiations, understandings and representations (if any) made by and between You and the Doctor. These Terms and Conditions shall not be construed more strongly against the Doctor despite her responsibility for its preparation. Any updates to these Terms and Conditions will be posted on the site www.drmcivermd.com (the “Site). THE SERVICES PROVIDED HEREUNDER (THE “TELEMED SERVICES”) ARE ONLY BEING PROVIDED IN THE STATES OF COLORADO, TEXAS AND FLORIDA (THE “AUTHORIZED JURISDICTIONS”) BY THE DOCTOR THROUGH THE SITE. BY ENROLLING IN THE TELEMED SERVICES YOU AGREE, ACCEPT AND UNDERSTAND THE TERMS BELOW AND THAT YOU RESIDE IN AN AUTHORIZED JURISDICTION. WE HAVE THE RIGHT TO REFUSE SERVICE BASED ON LOCAL, STATE OR FEDERAL LAWS RELATING TO THE AUTHORIZED JURISDICTIONS. WE DO NOT PRESCRIBE CONTROLLED SUBSTANCES. IF YOU HAVE ANY QUESTIONS, CONTACT OUR CUSTOMER SERVICE TEAM AT SUPPORT@DRMCIVERMD.COM

CONSENT TO TREATMENT

You have the right to be informed about Your condition and recommended therapeutic of diagnostic procedures to be used so that you may make the decision whether or not to undergo any suggested treatment or procedures after being informed of the risks and benefits involved.

General Consent to Treatment:

You have the right to be informed about Your condition and recommended therapeutic or diagnostic procedures to be used so that You may make the decision whether or not to undergo any suggested treatment or procedure after being informed of the risks and benefits involved. This consent provides the Doctor with Your permission to perform reasonable and necessary treatment for You and continues until You revoke it in writing. You will not be provided with any treatment unless you complete the Site questionnaire and have obtained lab results which are required to be uploaded for review by the Doctor. You have the right at any time to discontinue healthcare services. You understand that the practice of medicine is not an exact science and that diagnosis and treatment may involve risk to Your health. You understand that there are risks and benefits when receiving health care services. You understand that when you receive care, the risks and benefits of such care will be explained to You and you will have the opportunity to ask the Doctor questions about such risks and benefits (and we encourage you to ask such questions). You understand that there will be no physical examination so there is the risk that an additional diagnosis (which may include, but not be limited to thyroid cancer) may not be determined. The Doctor may determine that an office visit is required and You understand that any office visit with the Doctor is not available. Please consult your primary care doctor for all issues concerning Your health.

You have disclosed all Your known health conditions, allergies and medications, including herbal medications/supplements. You understand that certain treatment options that you may receive from, or medications prescribed by the Doctor can be dangerous and may result in medical care that is unnecessary if you have misrepresented Your current health care condition and status. You have truthfully supplied information about Your health care condition and status when answering any questions either on the Site or during any virtual examination with the Doctor.

Consent to Remote Treatment:

I hereby consent to remote diagnosis, treatment and education by the Doctor through the Site through the use of synchronous and asynchronous audio and video communication commonly known as telehealth or telemedicine technology (collectively, telehealth technology). I acknowledge that diagnosis, treatment and education through the use of telehealth technology will involve collecting information, including protected health information. I acknowledge that health information will be transmitted, stored, and reviewed in compliance with applicable laws. I acknowledge that while telehealth technology may improve access to care and treatment outcomes, as with any technology facilitated diagnosis, treatment and/or education, there are risks and results cannot be guaranteed. The risks associated with telehealth technology include, and are not limited to, technical problems and equipment malfunctions that may result in omission, loss, or compromise of information necessary for my diagnosis, treatment, or education and that such omission, loss, or compromise of information may result in adverse consequences to You. I understand it is my responsibility to clearly explain symptoms, medical/surgical history, and allergies, and to provide any other information as needed for a treatment plan. I acknowledge that diagnosis, treatment and education using telehealth technology requires health information, including personal health information (“PHI”) to be transmitted through audio and video technology and that health information may be lost, compromised and/or accessed by unauthorized persons during transmission. I understand that I have a right to withhold or withdraw my consent to the use of telehealth technology in the course of care at any time, and that doing so may terminate treatment. You authorize the Site and Doctor to share information pertaining to health care services received with other individuals for treatment, payment and health care operations purposes. By scheduling a visit using our HIPAA compliant forms or accepting this Agreement, You acknowledge that this statement is your Informed Consent to Treat, and that You have read and understand this Consent, and voluntarily request the Doctor to perform reasonable and necessary treatment.

TELEMED SERVICE MEMBERSHIP

Membership in the Telemed service as set forth above is only open to individuals who are legal residents of the Authorized Jurisdictions. The Telemed services are void elsewhere. Site members gain access to telemedicine service through the Site at special rates.

AUTOMATIC BILLINGS. As a member of the Telemed service You will receive exclusive benefits at the recurring monthly term price disclosed to you and selected by You at the point of purchase. You will continue to be charged each membership cycle you selected for the following monthly cycle until You contact customer service to discontinue Your service. Any discontinuation or suspension of the membership service will discontinue future billings. We are unable to provide refunds or credits for the current membership terms. ANY REFUND REQUESTS FOR MEMBERSHIP BILLINGS MUST BE RECEIVED BY US EITHER ONLINE OR BY PHONE WITHIN 24 HOURS OF MEMBERSHIP BILLING FOR THAT CYCLE.

Additional Terms:

RECURRING MEMBERSHIP PAYMENTS. All recurring charges will be automatically charged to the credit or debit card You provided upon enrollment. The Site is not responsible for any fees or other charges (including, without limitation, overdraft fees charged by your bank) resulting from the charges you have authorized in this Agreement.

USE OF TELEMED SERVICE MEMBERSHIP. Your telemed membership is non-transferable. You agree that only You may use the telemed membership. Participation in the telemed service is subject to this Agreement, as well as policies and procedures that the Doctor may adopt or modify from time to time. Any failure to abide by this Agreement or any policies or procedures implemented by the Site, any conduct detrimental to the Site, or any misrepresentation or fraudulent activities in connection with the telemed service program, may result in termination of membership in the telemed service program, as well as any other rights or remedies available to the Site. If we suspend or terminate membership for any reason specified herein, we reserve the right to not refund any fees paid by you.

MODIFICATION OR TERMINATION OF THE TELEMED SERVICE. Your membership in the telemed service is offered at the discretion of the Doctor, who reserves the right to modify these terms and conditions, condition of participation, or any other aspect of the telemed service, in whole or in part, at any time, with or without notice to you (except as otherwise specified herein).

MONTH TO MONTH SUBSCRIPTIONS: By signing up for a month-to-month subscription, You are agreeing to a month-to-month commitment. You can cancel your monthly subscription any time. You may notify us of your intent to cancel at any time. You will not receive a refund.

THIRD PARTY PROCESSOR. The Site will use Bluefin Payment Systems LLC (https://www.bluefin.com) as a third-party payment. When you process payments via a third-party payment processor, You must separately read and agree to their User Agreement and comply with this Agreement and the business rules of such partner. The Doctor shall assume no responsibility for any loss or damage associated thereto. We reserve the right to delay, cancel, reverse (to the extent possible) or refuse to process, any submitted transaction, if: (i) required by law or regulations or in response to a subpoena, court order, or other government order or to enforce transaction limits; (ii) we suspect the transaction involves (or has a high risk of involvement in) money laundering, terrorist financing, fraud, or any other type of financial crime or illegal activity; (iii) we reasonably suspect that the transaction is erroneous; (iv) if we suspect the transaction relates to prohibited use as set forth in this agreement; or (v) we suspect that you have breached any terms of this agreement. In such instances, we are under no obligation to allow you to reinstate a transaction.

THIRD PARTY TELECOM/RECORDS. The Site will use MedicalMine, Inc., a California corporation, dba, chARM as a provider of video telecom services through the Site as well as a storage vehicle for medical records. When You use these services, You must separately read and agree to its User Agreement and comply with this Agreement and the business rules of such partner. The Doctor shall assume no responsibility for any loss or damage associated thereto.

NOTICE OF PRICE CHANGE. As a member of the telemed service You have the right to receive written notice of all price increases that vary from the amount You previously authorized. If we decide to increase the price, we will notify You by posting it on the Site or via email and give you an opportunity to cancel Your membership before such changes take effect. However, we do reserve the right to lower Your membership price at any point in time without notification.

INTELLECTUAL PROPERTY. The Site including without limitation all content, copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of the Doctor. The Doctor shall not be obligated to indemnify or defend You with respect to any third-party claim arising out of or relating to the Site. To the extent the Doctor is required to provide indemnification by applicable law, the Doctor shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Site or Your use of it infringes any third-party intellectual property rights.

ENTIRE AGREEMENT; SEVERABILITY. This Agreement contains all of the terms of the Telemed services, and no representations, inducements, promises or agreements concerning the Telemed service program not included in this Agreement shall be effective or enforceable. If any of the terms of this Agreement shall become invalid or unenforceable, the remaining terms shall remain in full force and effect.

GOVERNING LAW. THIS AGREEMENT AND THE TERMS OF THE TELEMED SERVICE SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF COLORADO WITHOUT GIVING EFFECT TO THE CHOICE OF LAW PROVISIONS THEREOF.

ARBITRATION. In the event of a dispute between you and the Doctor you and THE SITE agree that a prompt and fair resolution, without the time and expense of formal court proceedings, would be in both parties mutual interests. ANY CLAIM OR CONTROVERSY ARISING OUT OF, OR RELATING TO YOUR USE OF THE SITE, YOUR MEMBERSHIP IN THE TELEMED SERVICE, AND USE THEREOF, OR TO ANY ACT OR OMISSION FOR WHICH YOU MAY CONTEND LED TO ANY DISPUTE SHALL BE SUBMITTED TO FINAL AND BINDING ARBITRATION TO BE CONDUCTED IN LARIMER COUNTY, COLORADO, OR A LOCATION CLOSEST TO LARIMER COUNTY, COLORADO IF NO SUCH LOCATIONFOR THE CHOSEN ARBITRATION BODY EXISTS THERE. MANDATORY ARBITRATION REPLACES THE RIGHT OF EITHER PARTY TO GO TO COURT AND DEMAND A JURY TRIAL. The party filing the arbitration must choose one of the following arbitration firms and follow its rules and procedures for initiating and pursuing an arbitration: American Arbitration Association, (http://www.adr.org) or JAMS (http://www.jamsadr.com). In the event that the selected firm cannot administer the arbitration, the party filing the arbitration will select the other firm. Each party will bear its own expenses, except that the arbitrator will be entitled to award a different allocation of costs and fees where the arbitrator determines that a filed claim is frivolous. The arbitrator will not have the power to award punitive damages or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. Any award in arbitration initiated under this clause will be limited to monetary damages and will include no injunction or direction to any party other than the direction to pay a monetary amount, except as required by statute or to comply with the terms of the contract. Any award rendered by the arbitrator will be final and binding upon each of the parties, and judgment thereon may be entered in any court having jurisdiction thereof. The Federal Arbitration Act will govern the interpretation and enforcement of this section. During the dependency of such arbitration and until final judgment thereon has been entered, these Terms and Conditions will remain in full force and effect unless otherwise terminated as provided hereunder. If a provision of this clause is held to be invalid, the remainder of the clause will remain in full force and effect, and, to this end, the provisions of this clause are severable. In the event that any State or Federal court rules that this arbitration provision is defective in whole or part or permits an action to be filed in a State or Federal court then the parties agree to have their dispute heard before a court located nearest to Larimer County, Colorado. The parties also agree to have any such dispute heard before a Judge and waive any rights to a trial by jury THAT THE DOCTOR LIABLE, INCLUDING BUT NOT LIMITED TO ANY CLAIM OR CONTROVERSY AS TO ARBITRABILITY (DISPUTE, SHALL BE FINALLY AND EXCLUSIVELY SETTLED BY BINDING ARBITRATION. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY ANY STATE OR FEDERAL COURT HAVING JURISDICTION NEAREST TO LARIMER COUNTY COLORADO. THE ARBITRATOR SHALL NOT HAVE THE POWER TO AWARD DAMAGES IN CONNECTION WITH ANY DISPUTE IN EXCESS OF ACTUAL COMPENSATORY DAMAGES AND SHALL NOT MULTIPLY ACTUAL DAMAGES OR AWARD CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, AND EACH PARTY IRREVOCABLY WAIVES ANY CLAIM THERETO. YOU SHALL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. BOTH YOU AND THE SITE VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL.

ASSIGNMENT. The Doctor may assign its rights and obligations pursuant to these Terms and Conditions without prior notice. You may not assign your membership or your rights or obligations pursuant to these Terms and Conditions.

CANCELLATION POLICY. Cancellation policy – Based on our records, If You have not accessed the services of the Doctor, you may cancel within 24 hours after Your initial enrollment into the membership for a full refund. After 24 hours we will discontinue future billing which means You will have access to the services for the remaining term of your membership paid and we will stop future billings.

COMMUNICATION BETWEEN US. You understand that the Doctor may monitor, tape and/or record any conversation that may occur between us. However, the Site is not obligated to do so and it may choose not to do so. You authorize the Site to contact you at its discretion by using prerecorded messaging, predictive dialing devices, and electronic messaging including but not limited to SMS, Text, MMS, Chat, IM, and Email. If You choose not to be contacted by this method, please contact member services.