Terms of Service

Welcome to DoctorsBeyond, Inc. the mobile and web app telehealth services. DoctorsBeyond provides online healthrelated services by arranging for mobile device medical consultations and secure web-based consultations with alicensed provider, arranging for electronic medical record of the consultation providing some providers on-line healthrelated information, arranging for a prescription service by the physician. As used in these Terms and Conditions,references to DoctorsBeyond means DoctorsBeyond Inc. its parent, subsidiaries and affiliated entities. As used in these Terms and Conditions "You" or "your" means you, your dependent(s), if any, and any other person accessing your DoctorsBeyond account. These Terms and Conditions apply to your use of the software service includeDoctorsBeyond facilitating by a user, or a member, to access License providers (MD/DO, NP/PA) that agree to consult with patients. Access to these healthcare providers is through affiliates of DoctorsBeyond, that provides communications access to Physicians, "PA,NP Licensed in various states which may or may not include your current physical state. DoctorsBeyond as an entity does not provide medical care, it merely facilitates the process.

A. Intellectual Property

DOCTORSBEYOND hereby grants you a limited, revocable, non-transferable license limited solely to viewing or downloading a single copy of the material on the Site and to use the DOCTORSBEYOND software to the extent necessary to use DOCTORSBEYOND Services solely for your personal use. With the exception of your Electronic Medical Records, DOCTORSBEYOND retains all right, title and interest in, and to DOCTORSBEYOND, the Services and any Information, products, documentation, software or other materials on the web app/software. DOCTORSBEYOND retains all right, title and interest in, any patent, copyright, trade secret, trademark, service mark or other intellectual property or proprietary right in any of the foregoing, except for Information on the web app licensed by DOCTORSBEYOND, and in that case, the license provider retains all right, title and interest therein. The information available through the Site and the Services is the property of DOCTORSBEYOND, or if licensed by DOCTORSBEYOND, the license provider. By accepting these terms and conditions, You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate such information to anyone. Use, reproduction, copying, or redistribution of DOCTORSBEYOND's trademarks, service marks and logos is strictly prohibited without the prior written permission of DOCTORSBEYOND. The immediately foregoing also applies to any third party trademarks, service marks and logos posted on the Site. Nothing contained on the Site should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right to use any trademarks, service marks or logos displayed on the web app or mobile software without the written grant thereof by DOCTORSBEYOND or the third party owner of such trademarks, service marks and logos. The web app may contain other proprietary notices and copyright information, the terms of which you must and agree to follow.

B. Notices and How to Contact Us

DOCTORSBEYOND may provide notice to you via the e-mail address you provided during registration, by a general notice on the software/web app, or by mail. You may give notice to DOCTORSBEYOND at any time by letter delivered DOCTORSBEYOND Member Support, at 388 Bullsboro Dr, Suite 354, Newnan, Georgia 30263. Specific questions and comments should be directed to the appropriate department via our "Contact Us" page.

C. Eligibility to Register on the Webb app/software, Subscribe to the Services and it's uses.

You represent that you are over 18 and you agree to the terms and conditions OR you are at least 13 years of age and have the permission of your parent(s)' or legal guardian(s)' permission to access and use this service to register, enroll for the Services, and/or to use the Services offered at DoctorsBeyond. Some Services, including, without limitation, access to an DOCTORSBEYOND Doctor's consultation, are not intended to be used by, and are not directed to, anyone less than 18 years of age without an adult or parent present. If you register for, enroll for, purchase and/or use DOCTORSBEYOND services for an entity, you represent that if you are acting on behalf of that entity, you have the authority to bind such entity.

You also represent that you are not a person barred from enrolling for, and/or receiving, Services under the laws of the United States or other applicable jurisdictions in which you may be located. In the event of such access outside the U.S and/or use, you agree to comply with all local rules regarding online conduct and transmission of information, including, without limitation, all applicable laws regarding the transmission of technical data exported from the United States or any other jurisdiction, and you acknowledge that DOCTORSBEYOND makes no representation or warranty that we, any of the Services, or any information on the Site or transmitted via a Service is lawful in any jurisdiction outside the United States.

To register on DoctorsBeyond Inc., to subscribe to DOCTORSBEYOND Services and to use the Services, you agree: (i) to comply with these Terms and Conditions, (ii) acknowledge the Privacy Policy of DOCTORSBEYOND as posted on the DOCTORSBEYOND web app/software, (iii) to fully, accurately and truthfully complete the registration profile, using valid information that includes, but is not limited to, your name, mailing address, phone number and email address ("Personal Contact Information", PID), (iv) to fully and accurately complete any and all other items requested or required when you use the software services (v) to set your Internet browser to accept "cookies" from the webapp, and (vi) that by registering on the webapp/software, subscribing or using the Site or the Services you are agreeing to opt-in to the receipt of communications from DOCTORSBEYOND. If you do not wish to receive such communications, you may opt-out at any time.

• You consent to: (i) DOCTORSBEYOND's disclosure of your Personal Contact Information with agents and employees of DOCTORSBEYOND and for any other reason as described in our Privacy Notice; and (ii) the use of "cookies".
• In order to determine your compliance with these Terms and Conditions and the Notice of Privacy Practices (the "Privacy Notice") we reserve the right to monitor your access to and use of the webapp/software and the Services. DOCTORSBEYOND may, in its sole discretion, refuse to accept your registration or subscription due to noncompliance with any eligibility or subscription requirement.
• Use of the webapp/software and Services - NOT FOR EMERGENCIES. IF YOU THINK YOU HAVE AN EMERGENCY, CALL 911 IMMEDIATELY.

D. Limitations on Use.

You agree not to: (i) access the webapp/software or use the Services in an unlawful way or for any unlawful purpose, (ii) post or transmit (a) a message under a false name, or (b) any data, materials, content or information which is libelous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person, or contains or promotes any virus, hacks, misrepresentation, reverse engineer, alter, defraud, impersonates or misrepresents your identity or falsely states or misrepresents your affiliation with a person or entity. You agree that any Information you provide or use on the webapp/software, and your use of the webapp/software or the Services, will not infringe on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties. DOCTORSBEYOND may deletes any information that violates its term and conditions.

E. Your Account.

You are solely responsible for maintaining the confidentiality of your password and for all activities that occur under your password. You agree to prohibit anyone else from using your password and to immediately notify DOCTORSBEYOND in writing of any unauthorized use of your password or other security concerns of which you become aware.

F. Electronic Medical Record

DOCTORSBEYOND creates an Electronic Medical Record ("Electronic Medical Record") specifically for you to store and access your personal health information online, including health conditions, allergies and medications, as well as for providing a licensed physician who uses DOCTORSBEYOND to facilitate the conduct of a consultation with you in accordance with his or her obligations under applicable state and federal law with regard to creating and maintaining your medical record(s). Your Information becomes part of the DOCTORSBEYOND Electronic Medical Record established specifically for you, and is subject to applicable state and federal law. You agree to provide accurate and complete information for your Electronic Medical Record, to periodically review such information, and to update information that you provide as needed, which might include allergies, medical conditions, and other specific elements. For additional information regarding use of your Electronic Medical Record, please see the Privacy Notice posted on the webapp/software.

G. Operation and Record Retention

DOCTORSBEYOND reserves complete and sole discretion with respect to the operation of the webapp/software and the Services. DOCTORSBEYOND may, among other things, withdraw, suspend or discontinue any functionality or feature of the software or the Services. DOCTORSBEYOND is not responsible for transmission errors or corruption or compromise of Information carried over local or interchange telecommunication carriers. DOCTORSBEYOND is not responsible for maintaining Information arising from an individual’s use of the Site or in respect of the Services. DOCTORSBEYOND reserves the right to maintain, delete or destroy all communications and Information posted or uploaded to the Services pursuant to its internal record retention, archiving, and/or destruction policies. Notwithstanding the foregoing, DOCTORSBEYOND archives all Personal Information, and Electronic Medical Records, associated with usage of DOCTORSBEYOND site and DOCTORSBEYOND services for three(3) years.

H. FRAUD

DOCTORSBEYOND may contact you by telephone, mail or email to verify your Personal Contact Information. DOCTORSBEYOND reserves the right to request further information from you and you agree to provide such further information, to ensure you have not fraudulently completed your registration on the webapp/software or subscription to the Services. If you do not provide this information to DOCTORSBEYOND within 3 business days may reject your registration and subscription or suspend your registration and subscription until you satisfactorily comply with DOCTORSBEYOND's information request.

I. Payment

You agree to timely (or immediately, if required) pay DOCTORSBEYOND all amounts due and owing pursuant to the plan for the Services to which you subscribe and for all other fees that may be charged in connection with your use of the Services or upon registration. You may be asked to provide a valid credit card number to make a payment or recurring payments.

J. Secure Purchases

Please review the Privacy Notice to see what measures DOCTORSBEYOND takes to enhance the security of your payment and purchase experience on the webapp and software

K. Upgrades and Downgrades

You may upgrade or downgrade the level of the Services to which you are subscribing at any time by following the instructions on the Site. The upgrade or downgrade shall take effect no later than the date of your next full billing cycle; provided that, DOCTORSBEYOND is in receipt of a valid credit card number.

Refunds

DOCTORSBEYOND does not provide any refunds. If provider fail to become available for a connection, a reschedule appointment date and time will be provided to you as early as possible in a time that is suitable for you.

L. Subscriptions through Third Parties, Such as Employer.

Your Payment Obligation. If your subscription is being paid for by a third party and that third party ceases to, or at any time is no longer obligated to, pay for your subscription or any other of your fees, you may continue your subscription to the Services; If you consent and arrange with DOCTORSBEYOND to pay DOCTORSBEYOND directly for the Services, adhering to the terms and conditions thereto. DOCTORSBEYOND may terminate your subscription and access to the Services unless or until you make such payment arrangements and commence payments. If your account is no longer active, you may register as a new user.

M. Prescription Program

Please be aware that you are eligible to receive prescription medications sent to your pharmacy after a visit with a provider utilizing DoctorsBeyond services only where you have accurately and fully completed the Medical History Assessment and have a phone visit in accordance with th state law from governing the use; your origin state. If the eprescribing system is down, a backup method for providing prescription will be provided or administration shall resent the prescription to the pharmacy or the provider shall call it in. Subscribers may be able to request medications during the telephone medical consultation and the consulting physician may prescribe certain medications for common conditions, if conditions warrant, if appropriate and/or legal. Medications can be called into a local pharmacy or delivered from the mail order pharmacy network.
NOTE: No controlled medications are available through participating physicians. You agree that any prescriptions that you acquire from a physician shall be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription.

N. Third Party Web Sites

DOCTORSBEYOND may provide links to third party sites. Further, if you click on a banner advertisement that appears on one of the pages of the Site, you may be transported to a third party's Web site and away from this Site. These Terms and Conditions and the DOCTORSBEYOND Privacy Notice apply to your relationship with DOCTORSBEYOND only and do not describe the terms and conditions, privacy policies or other policies of third parties with regard to (but without limitation) the collection, use and disclosure of personally identifiable information and personally identifiable health information. DOCTORSBEYOND is not responsible for the terms and conditions, privacy practices, accuracy, copyright compliance, legality, decency or any of the Information, products, services or any transmissions received by or through third parties.

O. Right to Change Terms and Conditions

DOCTORSBEYOND may, at any time and from time to time, in its sole discretion, change these Terms and Conditions. Any changes to these Terms and Conditions will be effective immediately upon posting of the changed Terms and Conditions on the Site. You agree to review these Terms and Conditions periodically, and your use of the Site following any such change constitutes your agreement to follow and be bound by such changed Terms and Conditions.

P. Term and Termination

These Terms and Conditions shall commence upon the date you first access the Site. Either you or DOCTORSBEYOND may terminate these Terms and Conditions and your right to use the Services at any time in writing, with or without cause. These Terms and Conditions and the licenses granted hereunder shall terminate without notice in the event you fail to comply with the terms and conditions of these Terms and Conditions, as revised from time to time. Upon any termination, you shall destroy all copies of DOCTORSBEYOND Information in your possession and cease any access to or use of the Services.

Q. Legal Notices and Disclaimers.

• Medical Disclaimers
  DOCTORSBEYOND makes no representation or warranty as to the content of any treatment response from any participating, licensed, provider. You and your physician are solely responsible for all information and/or communication sent during a telephone medical consultation, secure email consultation or other communication. DOCTORSBEYOND does not determine the appropriate course of treatment for your particular health care problem. You agree to contact your primary care physician immediately should your condition change or your symptoms worsen. If you require urgent care, you should contact your local emergency services immediately. DOCTORSBEYOND annually verifies the state licensing status for all participating physician providers You should not use Information found on this Site to replace a relationship with a physician or other healthcare professional and should not rely on the foregoing as professional medical advice.
• DoctorsBeyond does not provide medical advice. the physicians facilitated by DoctorsBeyond to provide medical consultations are not employees of DoctorsBeyond and are directly responsible for the quality and appropriateness of the care they render directly to you. The Information and Services are not medical or health care advice for any individual problem or a substitute for medical or other professional advice and services from a qualified health care provider assessing your condition in-person. The best way to create a physician/patient relationship with a participating physician is described in these Terms and Conditions.
• While DOCTORSBEYOND attempts to keep all the information on this site up-to-date, medical treatment and knowledge change quickly. This site should not be considered error-free or as a comprehensive source of all information on a particular topic. DOCTORSBEYOND makes no warranties or representations as to the accuracy of the information on the site, and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information and material on this site.
• Some of the Information about health conditions on this Site is provided by third parties. These third parties have not reviewed and do not endorse any information, products, or services other than those clearly marked as being derived from those third parties. You are responsible for reviewing and complying with all terms and conditions, licenses, policies posted on or linked to and from this Site, so as to protect the copyright and licensing terms of those third parties.
• General Disclaimers
  • You acknowledge that your use or misuse of the site and the services is at your sole risk, and that you assume full responsibility for all risk associated therewith. all information, products, and services contained on or provided through this site are provided "as is" without any warranty of any kind, express or implied. to the fullest extent permissible under applicable law DoctorsBeyond and its members, shareholders, directors, managers, employees, officers, officers, contractors, agents, and representatives (collectively, "affiliates") hereby disclaim all representations and warranties, express or implied, statutory or otherwise, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement and freedom from computer virus strains. without limiting the foregoing, DoctorsBeyond makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the information, products, and services provided hereunder. without limitation of the foregoing, DoctorsBeyond specifically disclaims all liability for the acts or omissions of any participating physicians providing medical care to subscribers.
  • You acknowledge and agree that we are not responsible for (i) any printing, typographical or technological errors regardless of the matter, media, material or form thereof, (ii) electronic, human, equipment programming or other error, omission, interruption, defect or delay which may occur regardless of the matter, media, material or form thereof, (iii) incorrect, inaccurate, late, lost, stolen, illegible, incomplete or misdirected matters or information regardless of the matter, media, information or form thereof, (iv) technical failures of any kind, (v) inadvertent loss of information; and/or (vi) unauthorized human intervention in any part, material or process or otherwise.
  • DoctorsBeyond makes no representations or warranties about: the satisfaction of government regulations requiring disclosure of information on prescription medications; or any treatment, action or application or preparation of medication based on information offered or provided through the services.
  • DOCTORSBEYOND does not endorse the promotions, products or services of any third parties. DOCTORSBEYOND does not warrant or validate the Information of any third party's advertisements, promotions, communications, or other materials. DOCTORSBEYOND does not assume any responsibility or liability for the accuracy of Information contained in the webapp or as stated above under "Third Party Web Sites".

R. Limitation of Liability.

• In no event shall DoctorsBeyond Inc. be liable for any direct damages in excess of (i) two month's (2 month's) subscription rate of your subscription plan, visit fee or (ii) in the event no subscription price was paid or required, $1,000. in addition, to the maximum extent permitted by law, in no event shall DoctorsBeyond be liable for any special, punitive, indirect, incidental or consequential damages, including but not limited to personal injury, wrongful death, loss of use, loss of profits, interruption of the services or loss of information, whether in any action in warranty, contract, tort (including, but not limited to negligence or fundamental breach), or otherwise arising out of or in any way connected with the use of, or the inability to use, this webapp/software or any service offered or provided through this webapp/software or by other means or any information or products contained in it, accessed through, or products purchased or services subscribed to on the app or otherwise, even if an authorized representative of DoctorsBeyond is advised of the likelihood or possibility of the same. to the extent certain jurisdictions restrict any of the above limitations of liability; such limitations shall not apply in such jurisdictions to the extent of such restrictions. you acknowledge and agree that DoctorsBeyond's aggregate liability to YOU for any damages, losses, fees, charges, expenses or liabilities and in circumstances where the FOREGOING LIMITATION is finally determined to be unavailable shall not exceed the SUBSCRIPTION PRICE PAID BY YOU FOR the two (2) month period prior to the time of the first occurrence of the subject damages, losses, fees, charges, expenses or liabilities.
• Indemnification
  You agree to defend, indemnify and hold harmless DOCTORSBEYOND and its Affiliates from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions and suits (no matter whether at law or equity), fees, costs and attorneys' fees (including appellate level) of any kind whatsoever arising, directly or indirectly, out of or in connection with (i) your use or misuse or of the Site or the Services or any Information posted on the Site, (ii) your subscription, (iii) your breach of the Terms and Conditions or the Privacy Notice , (iv) your relationship with any participating physician , (v) the content or subject matter of or any Information you provide to DOCTORSBEYOND, any of its Affiliates, any participating physician or Customer service agent, and/or (vi) any negligent or wrongful action or omission by you in the use or misuse of the webapp/software.

S. Waiver

You agree to waive, to the fullest extent permitted by law, all laws that may limit the efficacy of such indemnifications or releases.

DOCTORSBEYOND shall not be liable for any losses arising out of the delay or interruption of its performance of any obligations due to any act of God, act of governmental authority, act of public enemy, war, riot, flood, civil commotion, insurrection, severe weather conditions, or any other cause beyond its reasonable control.

T. No Third Party Rights

Nothing herein or in the Privacy Notice is intended to confer any rights or remedies under or by reason of these Terms and Conditions or the Privacy Notice on any persons other than you, DOCTORSBEYOND and its Affiliates. Nothing in these Terms and Conditions and the Privacy Notice is intended to relieve or discharge the obligation or liability of any third persons to any of you, DOCTORSBEYOND or its Affiliates, nor shall any provision give any third persons any right of subrogation or action over or against you, DOCTORSBEYOND or its Affiliates.

U. Privacy

By accepting these Terms and Conditions, you consent to the collection, use and disclosure of your personally identifiable information and personally identifiable health information provided to us as outlined in the Privacy.

V. Entire Agreement; Headings and Construction; Severability

These Terms and Conditions and the Privacy Notice constitute the sole and only agreement of you and DOCTORSBEYOND and supersede any prior understandings or written or oral agreements between you and DOCTORSBEYOND with respect to their subject matter and constitute a complete and exclusive statement of the terms of the agreement between you and DOCTORSBEYOND with respect to their subject matter.

W. Governing Law and Jurisdiction and Venue

• These Terms and Conditions and the Privacy Notice shall be governed by and construed in accordance with the laws of the state, as amended from time to time, without regard to principles of conflicts of law. Any civil action or legal proceeding arising out of or relating pursuant to these Terms and Conditions or Privacy Notice shall be brought in the applicable Federal or State courts located in that state. Each party consents to the jurisdiction of such court in any such civil action or legal proceeding and waives any objection to the laying of venue of any such civil action or legal proceeding in such court. Service of any court paper may be affected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules. Any cause of action or claim you may have with respect to DOCTORSBEYOND must be commenced within one (1) year after it arises, except to the extent such limitation is not enforceable.
• This Web site can be accessed from the United States and other countries worldwide. Since the laws of each State or country may differ, you agree that the statutes and laws of the state/country, without regard to any principles of conflicts of law, will apply to all matters relating to your use of this webapp/software. DOCTORSBEYOND makes no representation that Information or services provided on or through this software are appropriate or available for use in other locations, and accessing them from territories where such Information is illegal is prohibited. If you choose to access the webapp/software from other locations, you do so, on your own initiative and are responsible for compliance with local laws.
• Enforcement Costs
  
  If any civil action or other legal proceeding is brought for the enforcement of any of these Terms and Conditions or the Privacy Notice or because of an alleged dispute, breach, default or misrepresentation in connection with any provision of any of these Terms and Conditions or the Privacy Notice, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, sales and use taxes, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, taxes, costs and expenses incident to arbitration, appellate, bankruptcy and post-judgment proceedings), incurred in that proceeding, in addition to any other relief to which such party or parties may be entitled. Attorneys' fees shall include, without limitation, paralegal fees, investigative fees, administrative costs, sales and use taxes and all other charges billed by the attorney to the prevailing party (including fees and costs associated with collecting such amounts).
• WAIVER OF JURY TRIAL
  
  The parties hereto hereby waive trial by jury in any litigation, suit or proceeding, in any court with respect to, in conjunction with, or arising out of these terms and conditions or the privacy notice or the validity, protection, interpretation, collection or enforcement thereof, and/or performance of any of the obligations or services.

END TERMS AND CONDITIONS