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.
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 “Confirm Age & Consent” box on the website triage page which indicates you are entering into the Agreement.
Welcome to the SmartDocMD services platform, 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”. Our site offers an optimized search engine designed to provide you with information about 3rd party telemedicine health care providers who may be able to assist you (the “Platform”).
SmartDocMD does not provide patient care services, diagnosis, treatment or follow-up care. Rather, we gather information from you to help you find an appropriate telemedicine health care provider who can provide those health care services for you. SmartDocMD does not keep or store the information you provide. SmartDocMD does not transfer the information you provide to any third party. Rather, the Platform utilizes information you provide to identify a health care provider who is suited to meet your needs based on the information you provide.
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.
We offer the Platform to enable health care consumers to find healthcare providers (the “Treating Providers”) who may provide medical and healthcare services via telemedicine. You acknowledge and agree that SmartDocMD does not provide medical advice, diagnosis or treatment, and is strictly an optimized internet search engine that identifies Treating Providers. You acknowledge and agree that the Treating Providers are not formally affiliated with SmartDocMD and that Treating Providers are solely responsible for and will have complete authority, responsibility, supervision and control over the provision of any/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 you and any Treating Provider deem appropriate.
The Platform offers a Symptom Screening so that you can provide information about your symptoms. Based on the symptoms you identify, the SmartDocMD search engine will make recommendations for a Treating Provider who you may elect to contact. You are ultimately responsible for choosing your particular healthcare provider and/or whether to accept diagnosis and treatment from a Treating Provider.
Website Content is not Medical Advice
The content on the website is not, and 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 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.
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.
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 use the Platform. 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 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, 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. 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 INFORMATION, RECOMMENDATION OR REFERRAL GENERATED BY OR 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 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, 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 PLATFORM OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE PLATFORM. UNDER NO CIRCUMSTANCES SHALL SMARTDOCMD BE LIABLE IN ANY WAY FOR YOUR USE OF THE WEBSITE AND THE PLATFORM 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, 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.
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 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.
Electronic Contracting/Informed Consent
You assent to the terms of this Agreement by clicking the “Confirm Age & Consent” box at the email collection triage webpage. You understand that by clicking the “Confirm Age & Consent” box on the webpage prior to receiving your triage and reviewing the 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.
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 “Confirm Age & Consent” box 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.