Ovlu, Inc. d/b/a yourMD (hereafter “yourMD”) is pleased to provide you with the ability to connect with doctors and receive care through the yourMD’s Android and iOS applications and its website, yourmdapp.com (collectively the “yourMD App”).
USE OF THE yourMD App.
(a) The yourMD App is intended as an online means for you to interact with medical professionals about your care and treatment. Please note that if you share your yourMD App user name and password with another person, this will allow that person to see your confidential medical information. yourMD has no responsibility concerning any breach of your confidential medical information due to your sharing of or losing your user name and password.
(b) You must select a confidential password and maintain that password in a confidential and secure manner. If you believe that the confidentiality of your password has been compromised, you should create a new password by following the procedures described on the yourMD website or in the yourMD App.
(c) The yourMD App is not intended for use in any manner in the case of an emergency or if you need urgent medical care. If you should experience an emergency or if you need urgent medical care, you should immediately seek appropriate emergency care.
PROVISION OF SERVICES
a) The yourMD App is presently provided free of charge. We reserve the right to begin to charge for the yourMD App. b) yourMD will use reasonable efforts to keep the yourMD App free from error, but yourMD cannot guarantee the completeness, accuracy, security or adequacy of the app, the website, or the information contained therein. yourMD cannot and does not guarantee the yourMD App itself will be fault-free or completely secure, but yourMD will attempt to correct reported faults in a reasonable time frame.
c) We may provide reference and/or educational information to assist you in making decisions about your care and treatment. This may also include information, reminders or general healthcare related information and various other resources. The information and materials available through this site are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute for the professional judgment of physicians or other caregivers. WE ARE NOT RESPONSIBLE FOR THE ACCURACY OR COMPLETENESS OF INFORMATION AVAILABLE FROM OR THROUGH THE YOURMD APP. YOU ASSUME FULL RISK AND RESPONSIBILITY FOR THE USE OF INFORMATION YOU OBTAIN FROM OR THROUGH THE YOURMD APP, AND YOU AGREE THAT YOURMD IS NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS, OR LIABILITY ARISING FROM THE USE OF THE INFORMATION, AND AGREE TO INDEMNIFY AND HOLD YOURMD HARMLESS FOR ANY CLAIM LOSS OR LIABILITY AS ARISING FROM ANY USES OF THE INFORMATION. WE DO NOT RECOMMEND OR ENDORSE ANY PROVIDER OF HEALTH CARE OR HEALTH-RELATED PRODUCTS, ITEMS OR SERVICES, AND THE APPEARANCE OF MATERIALS ON THE YOURMD APP RELATING TO ANY SUCH PRODUCTS, ITEMS OR SERVICES IS NOT AN ENDORSEMENT OR RECOMMENDATION OF THEM.
d) The yourMD App may also contain links or references to other independent third-party websites (the “Linked Site”). The Linked Sites are provided solely as a convenience to you and as an information resource. The Linked Sites are not hosted by yourMD’s servers, under yourMD’s control, maintained by yourMd, or affiliated with any services provided by yourMD. YOURMD IS NOT RESPONSIBLE FOR THE CONTENT, SECURITY, AVAILABILTY, ACCURACY OR PRACTICES OF THE LINKED SITES AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR MALAWARE, WORMS, TIME BOMBS, BOTS, TROJAN HORSES, OR ANY OTHER HARMFUL OR DELETERIOUS PROGRAMS OR MATERIALS IN SAID LINKS OR LINKED SITES. THE USER ASSUMES ALL RISK AND RESPONSIBILITY IF HE OR SHE CLICKS ON A LINK TO A LINKED SITE IN THE YOURMD APP.
e) yourMD may, at its discretion, suspend or terminate the yourMD App at any time. Intellectual Property
You acknowledge that all right, title and interest in any and all technology, including the software provided by yourMD in connection with yourMD and any trademarks or service marks of yourMD or third parties whose products or services are utilized in connection with your use of the yourMD App (other than information you provide) (collectively, the “yourMD Intellectual Property”) is vested in yourMD and/or in yourMD’s licensors. Unless otherwise expressly stated in this Agreement, you shall have no right, title, claims or interest in or to the yourMD Intellectual Property, and you may not modify, copy, reverse-engineer, distribute, transmit, publicly display (including by framing any content), reproduce, publish, license, create derivative works of, transfer or otherwise commercially exploit in whole or in part or translate the yourMD Intellectual Property or related documentation, or decompile, disassemble or reverse engineer the yourMD Intellectual Property, or grant any other person or entity the right to do so. Unless otherwise expressly stated in this Agreement, you are not authorized to distribute or to authorize others to distribute the yourMD Intellectual Property in any manner without the prior written consent of yourMD.
You acknowledge and agree that, pursuant to the Digital Millennium Copyright Act (“DMCA”), yourMD may respond in accordance with the requirements of the DMCA to “take-down” notices from third parties which allege that the inclusion of information you provide to the yourMD App violates their copyrights. In so doing, yourMD may elect to remove (or require you to remove) such allegedly infringing information from yourMD unless you object to the allegation of infringement, in which case yourMD, in its sole discretion, may elect to maintain or restore the allegedly infringing information to yourMD pending the outcome of litigation which you may institute against the alleged copyright owner pursuant to the DMCA. You agree to cooperate fully with yourMD to assure compliance with the DMCA upon receipt by yourMD of any “take-down” notice issued by any third party, and in so doing, to promptly inform yourMD whether you object to any such “take-down” notice and, if so, whether you will institute litigation to challenge the allegations of copyright infringement.
yourMD is fully committed to complying with all federal and state laws and regulations concerning the confidentiality of medical information. Our Privacy Notice may be viewed at:here
PRIVACY OF CHILDREN
The yourMD App is not intended for use by nor directed at children under the age of 13. If you are under the age of 13, you are not permitted to access or use the yourMD App. If we become aware that you are under the age of 13 and using the yourMD App, we will deactivate your account.
yourMD will endeavor to protect the yourMD App and data collected by the yourMD App using reasonable security measures. While the security measures are expected to reasonably protect your information and your use of the yourMD App, yourMD does not warrant that your data will be completely secure or safe from loss. There are risks inherent in placing information on and accessing information from the Internet. If you have any concerns regarding the security of your information or the use of the Internet to access medical information or share details of your medical condition and treatment through the yourMD App, you should consider not creating a yourMD account or backing up the information you provide to the yourMD App in another location.
YOURMD WILL ATTEMPT TO PROVIDE YOURMD APP ACCESS AND SERVICES WITHOUT INTERRUPTION, BUT ACCESS IS PROVIDED ON AN “AS IS AVAILABLE” BASIS. YOURMD DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS THE YOURMD APP AT ANY TIME OF YOUR CHOOSING. YOURMD CANNOT GUARANTEE THAT YOURMD WILL BE ERROR-FREE OR COMPLETELY SECURE. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOURMD NOR ANY OF ITS EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, SUB-CONTRACTORS OR LICENSORS MAKE ANY WARRANTIES OF ANY KIND, ORAL OR WRITTEN, EXPRESS OR IMPLIED, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, COMPLETELY SECURE, ERROR-FREE, NON-INTERRUPTION, NON-INTERFERENCE OR NON-INFRINGEMENT. SHOULD YOU HAVE CAUSE TO BELIEVE THAT YOUR INFORMATION ON YOURMD IS NOT ACCURATE OR THAT THERE IS AN ERROR WITH YOURMD, PLEASE CONTACT YOURMD. YOURMD RESERVES THE RIGHT TO TERMINATE YOUR ACCESS TO THE YOURMD APP AT ANY TIME WITHOUT CAUSE OR NOTICE.
YOU AGREE THAT YOURMD TAKES NO RESPONSIBILITY FOR AND DISCLAIMS ANY AND ALL LIABILITY ARISING FROM ANY LOSS OF OR INACCURACIES OR DEFECTS IN THE INFORMATION, SOFTWARE, COMMUNICATION LINES, INTERNET OR YOUR INTERNET SERVICE PROVIDER (“ISP”), COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE THAT YOU USE TO ACCESS THE YOURMD APP. ADDITIONALLY, YOU ARE RESPONSIBLE FOR COPYING OR PRINTING COPIES OF YOUR INFORMATION IF YOU WANT TO HAVE THE INFORMATION AVAILABLE IN THE EVENT THAT THE YOURMD APP IS UNAVAILABLE.
YOU ACKNOWLEDGE THAT ACCESS TO THE SYSTEM WILL BE PROVIDED OVER VARIOUS FACILITIES AND COMMUNICATIONS LINES, AND INFORMATION WILL BE TRANSMITTED OVER LOCAL EXCHANGE AND INTERNET BACKBONE CARRIER LINES AND THROUGH ROUTERS, SWITCHES, AND OTHER DEVICES (COLLECTIVELY, “CARRIER LINES”) OWNED, MAINTAINED, AND SERVICED BY THIRD-PARTY CARRIERS, UTILITIES, AND INTERNET SERVICE PROVIDERS, ALL OF WHICH ARE BEYOND OUR CONTROL. YOURMD ASSUMES NO LIABILITY FOR OR RELATING TO THE INTEGRITY, PRIVACY, SECURITY, CONFIDENTIALITY, OR USE OF ANY INFORMATION WHILE IT IS TRANSMITTED ON THE CARRIER LINES, OR ANY DELAY, FAILURE, INTERRUPTION, INTERCEPTION, LOSS, TRANSMISSION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION ATTRIBUTABLE TO TRANSMISSION ON THE CARRIER LINES. USE OF THE CARRIER LINES IS SOLELY AT YOUR RISK AND IS SUBJECT TO ALL APPLICABLE LOCAL, STATE, NATIONAL, AND INTERNATIONAL LAWS.
If any provision is found to be contrary to law or otherwise invalid or unenforceable, then such provision shall be limited to the minimum extent necessary and construed in a way to most closely reflect the intentions of the parties. All other provisions shall remain in full force and effect.
yourMD’s failure to insist on or enforce strict performance of this Agreement shall not constitute a waiver of any provision or any right, nor shall any course of conduct between yourMD and you or any other party be deemed to modify any provision of this Agreement.
Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding to the parties and supersedes and cancels all previous written, oral, or other agreements, communications, and understandings relating to the subject matter of this Agreement. Both parties further agree that all waivers and modifications must be in writing and signed by both parties, expect as otherwise provided in this Agreement. No agency, partnership, joint venture, employment, or other kind of relationship is created as a result of this Agreement unless expressly granted by the terms of this Agreement and you do not have any authority of any kind of bind yourMD in any respect whatsoever.
By accessing or using the yourMD App, you affirm that you are at least 18 years of age. You represent that you are fully able, competent, and willing to enter into and comply with the terms of this Agreement. You acknowledge that this Agreement is a contract between you and yourMD, even though it is electronic and is not physically signed by you and yourMD, and it governs your use of the yourMD App.
If you are entering into this Agreement on behalf of a company or business, you represent that you have the authority to bind such entity, its Members, Owners, and its affiliates to this Agreement. In that case, the terms “you” or “your” shall also refer to such entity, its Members, its Owners, and its affiliates, as applicable. If you do not have such authority, or if you do not agree with this Agreement, you may not use the yourMD App.