DO NOT USE THIS WEBSITE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.
THE PLATFORM AND/OR CONTENT OF THIS WEBSITE ARE NOT DESIGNED, INTENDED OR APPROPRIATE TO ADDRESS SERIOUS, EMERGENCY, OR LIFE THREATENING MEDICAL CONDITIONS AND SHOULD NOT EVER BE USED IN THOSE CIRCUMSTANCES. THE CORONAVIRUS QUESTIONNAIRE IS NOT MEDICAL ADVICE. THIS PLATFORM AND/OR THE CONTENT OF THIS WEBSITE ARE NOT INTENDED TO PROVIDE MEDICAL ADVICE OR TREATMENT.
SmartDocMD
PLATFORM USER AGREEMENT AND TERMS OF USE
Please read this PLATFORM USER AGREEMENT AND TERMS OF USE (the “Agreement”) and indicate your acceptance by clicking the “AGREE” icon at the end of the Agreement.
Welcome to the SmartDocMD Coronavirus (COVID-19) Questionnaire and platform (hereafter referred to as either the “Platform” or the “Questionnaire,” as the context allows), which is owned and operated by AlgoDoc LLC, an Ohio limited liability company whose mailing address is P.O. Box 38, Peninsula, Ohio 44264. For purposes of this Agreement, AlgoDoc LLC doing business as SmartDocMD shall hereafter be referred to as “SmartDocMD”.
SmartDocMD offers a web-based Questionnaire to help identify whether you are at risk for having Coronavirus. The Questionnaire functions as a triage tool for purposes of evaluating possible Coronavirus risk, and can be accessed electronically. The results of the Questionnaire are not a diagnosis. The information gathered in the Questionnairre will be provided to a third-party local hospital system with your consent, and, at the discretion of the hospital system and with your consent may be used for diagnosis, treatment and follow-up care.
If your answers to the questions on the Questionnaire indicate that you may be at risk for having the Coronavirus, and if you consent to providing your Questionnaire results to the a third-party local hospital system, that third-party local hospital system may contact you by email, text message or phone call to follow-up and/or to initiate your diagnosis and treatment, as appropriate.
TERMS AND CONDITIONS OF USE
Important Information About Your Use of the Platform
DO NOT USE THIS WEBSITE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.
THE PLATFORM AND/OR CONTENT OF THIS WEBSITE ARE NOT DESIGNED, INTENDED OR APPROPRIATE TO ADDRESS SERIOUS, EMERGENCY, OR LIFE THREATENING MEDICAL CONDITIONS AND SHOULD NOT BE USED IN THOSE CIRCUMSTANCES. THE QUESTIONNAIRE FUNCTIONS AS A TRIAGE TOOL FOR PURPOSES OF EVALUATING POSSIBLE CORONAVIRUS RISK, AND CAN BE ACCESSED ELECTRONICALLY.
We offer the Questionnaire to enable individuals to take initial steps remotely to see if that individual is at-risk for having Coronavirus. You acknowledge and agree that SmartDocMD does not provide medical advice, diagnosis or treatment, and is strictly a technology platform and infrastructure vendor for your local hospital system or provider. You acknowledge and agree that your local hospital system or provider (hereafter referred to as a “Treating Provider”) using the Platform are solely responsible for and will have complete authority, responsibility, supervision and control over the provision of all medical services performed, and that all diagnoses, treatments, or other professional health care services will be provided and performed exclusively by or under the supervision of Treating Providers, in their sole discretion, as they deem appropriate.
Our Platform
Our Platform utilizes information gathered from you to analyze whether you may be at risk for having Coronavirus. The Questionnaire was developed based on current information known by the national Centers for Disease Control and Prevention about COVID-19 and in consultation with hospitals and/or health care providers in your geographic area. SmartDocMD will provide you with the results of the Questionnaire and, with your consent, to a local Treating Provider that you identify.
Minimum Age Requirement
I hereby certify that I am at least 18 years of age and am qualified under the laws of my state to make medical decisions on my own behalf and/or on behalf of my children, legal dependents or others as legal guardian. I acknowledge that my ability to access and use the SmartDocMD Platform and website content is conditioned upon the truthfulness of my certification of age.
Website Content is not Medical Advice
The content on the website should not be considered medical advice. You should always talk to an appropriately qualified health care professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. The content on this website is general in nature and not necessarily specific to you or your circumstances. By publication of the content on this website, SmartDocMD does not represent or warrant that any particular medication or treatment is safe, appropriate, or effective for you. Nor does SmartDocMD recommend, prescribe or endorse any specific tests, providers, medications, products or procedures for you.
YOU ACKNOWLEDGE THAT YOUR RELIANCE ON ANY TREATING PROVIDER OR INFORMATION PROVIDED BY THE PLATFORM AND/OR ON THIS WEBSITE IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED WITH USE OF THE PLATFORM OR THIS WEBSITE.
Benefits and Risks of the Platform
Telemedicine offers convenience and improved access to health care services through patient access to health care services from their home or place of work. The Platform allows you to obtain feedback about your risk for having Coronavirus through electronic access to the Questionnaire.
There are possible risks associated with the Platform, which include, but are not necessarily limited to, the following. Electronic failure, network failure or failure of hardware and equipment can cause delay or cessation of evaluation or treatment. The provision of incomplete information by the patient could affect results of the Questionnaire and/or diagnosis and treatment. Data security measures could fail, causing a breach of privacy of protected health information.
Security/Protected Health Information and HIPAA
SmartDocMD will maintain the security of your personal information and any protected health information. SmartDocMD is a Business Associate of health care professionals under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), which mandates the protection of your individually identifiable information known, under the provisions of that law, as “Protected Health Information.”
SMARTDOCMD MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE REGARDING THE SECURITY OF ANY TEXT MESSAGE OR EMAIL SENT TO OR FROM ANY PARTY AS PART OF ITS PLATFORM.
SmartDoc MD will obtain your express consent prior to providing the results of the Questionnaire to any Treating Provider. SmartDocMD will obtain express consent prior to sharing any patient-identifiable information to a third party for purposes other than treatment, payment or health care operations. In addition, by clicking the “AGREE” icon you are authorizing a Treating Provider to release your contact information to SmartDocMD solely in order for SmartDocMD to provide you with marketing materials promoting the Platform. You may opt out of receiving such marketing materials by contacting us at support@smartdocmd.com.
Notice of Privacy Practices
To review the SmartDocMD Notice of Privacy Practices, click here: http://www.smartdocmd.com/privacy. You must review the SmartDocMD Notice of Privacy Practices to proceed with use of the Platform.
You may review the Notice of Privacy Practices of your SmartDocMD health care provider by clicking here: http://www.smartdocmd.com/privacy. Note that by accepting these Terms of Use you are also acknowledging receipt of the separate Notice of Privacy Practices of your Treating Provider.
Lawful Use
You agree not to access or use the Platform in an unlawful way or for any illegal purpose or in any manner that violates this Agreement or is otherwise unacceptable to SmartDocMD, in the sole and absolute discretion and judgment of SmartDocMD. You shall not attempt to disrupt the operation of the Platform by any method, including any form of cyberattack or through use of viruses, spamming, worms, time bombs, or any other form of electronic disruption or cyberattack. You are prohibited from any unauthorized access to any user accounts or computer systems or networks. You shall not use any scraper, robot or other means to access this website or the Platform to mine for information and data or for any purpose.
Operations
SmartDocMD shall have sole and absolute control and discretion with respect to the operation of the Platform, or any aspect thereof. SmartDocMD may, among other things, in its sole and absolute discretion, delete, suspend or discontinue any content, use or application of the website. Subject to applicable law, SmartDocMD reserves the right to store, delete or destroy all communications and materials posted or uploaded to the Platform pursuant to its internal record retention and/or destruction policies.
Intellectual Property
Subject to the terms of this Agreement, SmartDocMD hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the software, network facilities, content and documentation on and in the Platform to the extent, and only to the extent, necessary to access and complete the Questionnaire. The use or misuse of the Platform, except as provided in this Platform User Agreement, is strictly prohibited.
Any reproduction, retransmission, redistribution, sale, use, rebroadcast, publication or other dissemination, by whatever means or manner, of the content of this website, the Questionnaire or the Platform shall constitute a violation of this Agreement and is strictly prohibited. All of the content available on or through the Platform is the property of SmartDocMD and is protected by copyright, trademark, trade secret and other intellectual property law. All AlgoDoc LLC trade and service names, including, but not limited to “SmartDocMD®”, are trademarks of AlgoDoc LLC, and any unauthorized use thereof is strictly prohibited.
Any reproduction, reverse engineering, disassembling, retransmission in any form or by any means (including, but not limited to, electrical, mechanical, photographic, copying, recordation or otherwise), transcription, redistribution, storage in a retrieval system, translation into a computer language or other language, or sale of the Platform or any portion thereof shall be a violation of the terms and conditions of this Agreement and is strictly prohibited. You agree that the license granted to you herein does not permit any of the foregoing. If any term or condition of this Platform User Agreement is violated, you are prohibited from using this website or the Platform, the limited license granted herein is terminated effective immediately, and you agree that all SmartDocMD materials or content in your possession must be immediately destroyed.
This website and the Platform may be used only for your personal, non-commercial use.
Website Links
SmartDocMD will not be liable for any information, software, or links found at any other website, internet location, or source of information, nor for your use of such information, software or links, nor for the acts or omissions of any such websites or their respective owners or operators.
Release
YOU HEREBY RELEASE AND HOLD SMARTDOCMD HARMLESS FROM ANY AND ALL CLAIMS, CAUSES OF ACTION, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, INCLUDING, BUT NOT LIMITED TO, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL, KNOWN AND UNKNOWN, REALIZED AND UNREALIZED, FORESEEN AND UNFORESEEN, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE WEBSITE AND/OR THE PLATFORM AND/OR QUESTIONNAIRE, WHETHER ARISING IN TORT, MALPRACTICE, BREACH OF CONTRACT, A THEORY OF STRICT LIABILITY, NEGLIGENCE, ON ANY THEORY OF AGENCY, OR OTHERWISE. YOU HEREBY WAIVE THE PROVISIONS OF ANY APPLICABLE LAW LIMITING OR PROHIBITING THIS GENERAL RELEASE.
Disclaimers
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, SMARTDOCMD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, OPERABILITY, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, SYSTEM INTEGRATION, FITNESS FOR A PARTICULAR USE OR PURPOSE OR NON-INFRINGEMENT.
YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE PLATFORM OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE PLATFORM CAUSED BY YOU OR ANY PERSON UTILIZING THE QUESTIONNAIRE OR ACCESSING ANY WEB-BASED LINK TO THE QUESTIONNAIRE OR THE PLATFORM. SMARTDOCMD CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET, OR FOR YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE PLATFORM.
THIS WEBSITE, THE CONTENTS OF THIS WEBSITE, AND THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SMARTDOCMD DOES NOT REPRESENT OR WARRANT THAT THE OPERATIONS OR SERVICES PROVIDED BY THE WEBSITE OR THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR FREE FROM MALWARE, VIRUSES OR OTHER MALICIOUS CODE.
No Duty of Care
YOU ACKNOWLEDGE AND AGREE THAT SMARTDOCMD IS NOT ENGAGED IN THE PRACTICE OF MEDICINE. SMARTDOCMD DISCLAIMS ANY DUTY OF CARE. YOU EXPRESSLY AGREE THAT SMARTDOCMD OWES YOU NO DUTY OF CARE AND THAT YOUR USE OF THE WEBSITE AND/OR THE PLATFORM AND/OR THE QUESTIONNAIRE AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK. SMARTDOCMD EXPRESSLY DISCLAIMS ANY LIABILITY FOR MEDICAL MALPRACTICE OR ANY CLAIM ARISING OUT OF THE USE OF THIS WEBSITE OR THE PLATFORM, OR ANY CLAIM ARISING OUT OF ANY CARE RENDERED BY A TREATING PROVIDER AS A RESULT THEREOF. SMARTDOCMD EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ACT OR OMISSION OF ANY TREATING PROVIDER.
Limitations on Liability
YOU ACKNOWLEDGE AND AGREE THAT SMARTDOCMD WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE OR THE PLATFORM OR THE QUESTIONNAIRE, AND/OR ARISING UNDER ANY LAW OR THEORY, EVEN IF SMARTDOCMD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE. UNDER NO CIRCUMSTANCES SHALL SMARTDOCMD BE LIABLE IN ANY WAY FOR YOUR USE OF THE WEBSITE AND THE PLATFORM AND THE QUESTIONNAIRE OR ANY OF ITS CONTENT.
FOR PURPOSESS OF THIS AGREEMENT, ANY RELEASE, DISCLAIMER, LIMITATION ON LIABILITY, WAIVER AND/OR INDEMNIFICATION SHALL BE APPLICABLE TO ALGODOC LLC, DOING BUSINESS AS SMARTDOCMD AND REFERRED TO HEREIN AS “SMARTDOCMD”.
Indemnification
You acknowledge and agree that you are personally responsible for your use of any content of this website, your use of the Platform/Questionnaire, and your behavior on this website or Platform. You agree, as a condition of use of this website and the Platform, to indemnify, hold harmless, and defend SmartDocMD and its parents, subsidiaries, affiliates, licensors, suppliers and their officers, directors, affiliates, subcontractors, agents and employees (collectively, “Indemnified Parties” and each, individually, an “Indemnified Party”) against all costs, expenses, liabilities, claims, causes of action and damages (including reasonable attorney’s fees) incurred by any Indemnified Party in connection with any third party claims arising out of your failure to comply with any applicable laws and regulations and/or your breach of any of the terms, conditions or obligations set forth in this Agreement. You shall not settle any such claim without the written consent of the applicable Indemnified Party. Nothing herein shall be construed to otherwise limit any other provision of this Agreement.
Termination
SmartDocMD may terminate your access to the Platform, the Questionnaire and/or the website at any time in its sole and absolute discretion. SmartDocMD may block, discontinue or prevent your access to the Platform or this website at any time in its sole and absolute discretion, for any reason or for no reason. SmartDocMD shall have no obligation at any time to do any of the foregoing.
Informed Consent for Use of Platform/Questionnaire
By accepting these Terms of Use, you acknowledge that you understand and agree as follows: that the Questionnaire functions as a triage tool only, for purposes of evaluating your degree of risk for having Coronavirus; that the Questionnaire does not constitute medical advice, diagnosis or treatment; that you have received the SmartDocMD health care provider Notice of Privacy Practices; that use of the Platform may involve electronic communication of your personal medical information to Treating Providers; that unpredictable factors, including, but not limited to, failure of the internet, telecommunications service, hardware or equipment failure and/or force majeure could impact the accessibility of the Platform or interrupt your use of the Platform; that under HIPAA your healthcare information may be shared with other individuals for treatment, payment and healthcare operations purposes; that SmartDocMD has disclaimed any and all liability in connection with your use of the website and/or the Platform; that SmartDocMD has disclaimed any and all liability in connection with any services provided by any Treating Provider; that you have released SmartDocMD from any such liability; and that your healthcare information may be shared in other circumstances permitted or mandated by applicable law, such as, by way of example only and without limitation, when a valid court order is issued for medical records, for reporting suspected abuse or domestic violence, or for preventing or mitigating a serious threat to anyone’s health or safety.
Patient Consent to the Use of the Platform
I have read and understand the information provided above, and understand the risks and benefits of the Platform, and by accepting and entering into this Platform User Agreement and Terms of Use, I hereby give my informed consent to providing my completed Questionnaire to a Treating Provider in the event that the Questionnaire indicates that I may be at risk for having the Coronavirus.
Miscellaneous/Choice of Law
This Agreement shall be governed by the laws of the State of Ohio without regard to its rules on conflicts or choice of law. You agree that any dispute arising under or relating in any way to this Platform User Agreement and Terms of Use shall be resolved exclusively by final and binding arbitration in Cleveland, Ohio under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary or preliminary specific performance and injunctive relief in any court of competent jurisdiction situated in the County of Cuyahoga and State of Ohio. This Agreement constitutes the sole Agreement between you and SmartDocMD relating to the subject matter hereof, and no representations, statements or inducements, oral or written, not otherwise contained in this Agreement shall be binding upon either you or SmartDocMD. Should any part or portion of this Agreement be held invalid, illegal, unenforceable or void, the remainder of this Agreement shall remain in full force and effect. No waiver by SmartDocMD of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. You may not assign, transfer or delegate your rights or obligations hereunder, in whole or in part. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, administrators, executors, representatives, successors, and permitted assigns. The headings in this Agreement are intended solely for the convenience of reference and shall be given no effect in the construction or interpretation of this Agreement.
A printed version of this Agreement and of any related notice given in electronic form shall be admissible in arbitration, judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The terms “Questionnaire” and “Platform” are used interchangeably herein. This Agreement shall be construed in a manner in which, where context either requires or allows, each term shall include the other. Any and all waivers, disclaimers, releases, or other protections from liability shall extend and be with respect to, in every instance, both the Questionnaire and the Platform.
Electronic Contracting/Consent to Notices/Informed Consent
You assent to the terms of this Agreement by clicking the “AGREE” icon. You understand that by clicking the “AGREE” icon for this Platform User Agreement and Terms of Use and/or any other forms presented to you on this website you are agreeing to be bound by this Platform User Agreement and Terms of Use and that such action constitutes your legal signature. You agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the services (collectively, “Notices”). We can either send you electronic Notices to the e-mail address that you provided to us during registration, or by posting the Notice on the Platform or otherwise through our website. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the website and the Platform.
By clicking the “AGREE” icon you acknowledge that you are consenting to receiving care via the Platform. The scope of care will be at the sole discretion of the Treating Provider who is treating you, with no guarantee of diagnosis, treatment, or prescription. The Treating Provider will determine whether or not the condition being diagnosed and/or treated is appropriate for a telemedicine encounter via the Platform.
To use this website and the Platform you must agree to be bound by all of the terms and conditions of this Agreement. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT CLICK THE “AGREE” ICON AND DO NOT USE THE PLATFORM.
You should print a copy of this Agreement for your records. SmartDocMD reserves the exclusive right to change or modify this Agreement and/or any of its terms and conditions from time to time, in SmartDocMd’s sole and absolute discretion. It is your responsibility to review this Agreement each time you use the Platform.