Terms and Conditions

IF THIS IS A MEDICAL EMERGENCY, DIAL 911 IMMEDIATELY.

CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE CLICKING THAT YOU AGREE. CLICKING “I AGREE” INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, PROMPTLY CLOSE THIS PAGE AND DO NOT PROCEED WITH MYWAY MEDICAL.

DISCLAIMERS:

• MyWay Medical is not covered under insurance and you are solely responsible for payment

• MyWay Medical is not a replacement for your existing primary care physician or annual office check-up

• MyWay Medical providers do not prescribe elective medications, narcotic pain relievers, or drugs listed as controlled substances by the U.S. Drug Enforcement Agency or regulated under State law. Review the DEA Controlled Substances Schedule if you are interested in a particular prescription and are uncertain if it is listed as a controlled substance.

• Providers generally do not prescribe more than a 90 day refill within a 6 month period

• MyWay Medical consultations treat the majority of common medical conditions, however a small number of cases require an in-person visit for complete care.

• You agree that any prescription obtained through MyWay Medical from a Provider will only be for its intended use.

• MyWay Medical is not an insurance product or a prescription fulfillment warehouse

• Medical services rendered by MyWay Medical are subject to their Provider’s professional judgment

• MyWay Medical operates subject to state regulation and may not be available in certain states.

• MyWay Medical does not guarantee that a prescription will be written.

• MyWay Medical physicians reserve the right to deny care for potential misuse of services.

• International consultations are advice-only. You must have a U.S. address and a U.S.-based phone number for the doctor to call back at the time of consultation.

• Video is not available for international consultations.

• Prescriptions are not available for international consultations.

• MyWay Medical and the MyWay Medical logo are registered trademarks of MyWay Medical, PLLC and may not be used without written permission.

MyWay Medical has the right to change the terms of this agreement at any time. When the terms of this agreement are changed, you will be notified the next time you access MyWay Medical, and will be provided with the opportunity to agree to the updated terms, or to terminate your use of MyWay Medical. You may always view the most updated terms at www.mywaymed.com.

You acknowledge and understand that:

• You are using MyWay Medical to facilitate the delivery of health care services from the providers who have agreed to provide services through MyWay Medical (the “Providers”), and that such services are provided at the sole discretion of the Providers.

• Accessing MyWay Medical from a state other than the Service Line you have requested is prohibited, and you confirm that you are physically located in the state in which you are requesting MyWay Medical.

• MyWay Medical is currently not reimbursable by Medicare, Medicaid or any other government health care program, you agree not to use the MyWay Medical for any services that are or might be reimbursable by such programs

• MyWay Medical is currently not reimbursable by any commercial insurer, managed care organization, preferred provider organization or other payor, and you will not seek reimbursement from any such payor for the cost of use of MyWay Medical

• You are at least 18 years of age, or accompanied by a parent or guardian who can give informed consent on your behalf if you are under the age of 18 at the time of the consultation.

• If you are seeking services on behalf of a child, dependent or other person for whose medical care you are responsible, your approval of the terms of this Use Agreement will bind you even if it pertains to someone else.

Notice of Privacy Practices

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

OUR PLEDGE REGARDING YOUR MEDICAL INFORMATION.
We understand that medical information about you and your health is personal. We are dedicated to maintaining the privacy and integrity of your protected health information (“PHI”). PHI is information about you that may be used to identify you (such as your name, social security number, or address), and that relates to (a) your past, present, or future physical or mental health or condition, (b) the provision of health care to you, or (c) your past, present, or future payment for the provision of health care.  In providing MyWay Medical, we will receive and create records containing your PHI. We need these records to provide you with quality care and to comply with certain federal and state legal requirements.

We are required by law to maintain the privacy of your PHI and to provide you with notice of our legal duties and privacy practices with respect to your PHI. To the extent required by law, when using or disclosing your PHI or when requesting your PHI from another covered entity, we will make reasonable efforts not to use, disclose, or request more than the minimum necessary set of your PHI or, if needed by us, no more than the minimum amount of PHI necessary to accomplish the intended purpose of the use, disclosure, or request, taking into consideration practical and technological limitations.

HOW WE MAY USE AND DISCLOSE MEDICAL INFORMATION ABOUT YOU.
Treatment – MyWay Medical will use or disclose your medical information to provide treatment and deliver the services you have requested. Use and disclosure of your medical information may include, without limitation, creation of an electronic health record and appointment reminders, discussion with your treating health care practitioners to facilitate your health care oversight, investigation of research opportunities or treatment alternatives for your health care issues, identification of health-related benefits and services that may be of interest to you and to communicate important health information with members of your family. We may also disclose PHI to other providers involved in your treatment.

Payment – Your protected health information will be used and disclosed, as needed; to obtain payment for your health care services provided our providers.

Health Care Operations – MyWay Medical may also collect aggregate data about your health for operations and improvement of services. This includes internal administration and planning, as well as various activities that improve the quality and cost effectiveness of the care that we deliver to you. We may disclose your PHI to our business associates so that they can perform the job we have asked them to do in order to provide better healthcare services to you. To protect your PHI, we require our business associates to sign a contract stating that they will appropriately safeguard your PHI to HIPAA standards.

YOUR RIGHTS REGARDING YOUR HEALTH INFORMATION.
You have the right to (1) inspect and copy your protected health information, (2) request a restriction of your protected health information, (3) request to receive confidential communications, (4) amend your records, (5) receive an accounting of disclosures, (6) obtain a paper copy of this notice.

OUR PLEDGE REGARDING YOUR FINANCIAL INFORMATION.
This notice applies to all of the financial records generated by MyWay Medical. All financial records created will be held confidentially by MyWay Medical, unless required by law to disclose the information.

HOW WE MAY USE AND DISCLOSE FINANCIAL INFORMATION ABOUT YOU.
MyWay Medical will only use your financial information to transact business with you and for everyday business purposes of the company. We will not share this information with any affiliates or non-affiliates, nor do weshare this information to any third parties.

OUR PLEDGE REGARDING OUR WEBSITE.
No data transmission over the Internet can be guaranteed to be 100% secure. But, we strive to protect your personal information from unauthorized access, use or disclosure. When you interact on our web site, all of your information is transmitted through the Internet using Secure Socket Layers (SSL) technology. SSL technology causes your browser to encrypt your information before transmitting it to our secure server. SSL technology, an industry standard, is designed to prevent someone other than operators of our web site from capturing and viewing your personal information. Once your information leaves our Secure Site, MyWay Medical is no longer able to control further disclosure of your information. If you choose to share your PHI over email, you acknowledge the risk of unsecured communication. Cookies are text information files that your web browser places on your computer when you visit a website. Cookies assist in providing non-personal information from you as an online visitor. It can be used in the customization of your preferences when visiting our website. Most browsers accept cookies automatically, but can be configured not to accept them or to indicate when a cookie is being sent. We use Google Analytics, a third-party tracking service, which uses cookies to track non-personally identifiable information about our visitors to our main site in the aggregate to capture usage and volume statistics. We have no access to or control over these cookies. This Notice covers the use of cookies by our company only and does not cover the use of cookies by any third-party.

QUESTIONS OR COMPLAINTS.
If you have any questions about this Notice of Privacy Practice, or would like to file a written complaint with MyWay Medical, please see the contact information for MyWay Medical by referring to the full version of the MyWay Medical Notice of Privacy Practice or at www.mywaymed.com.

Limitations of Use

In using MyWay Medical, you may not: (1) distribute, rent, lease or sublicense all or any portion of the MyWay Medical; (2) modify or prepare derivative works of MyWay Medical; (3) publicly display visual output of MyWay Medical; (4) transmit MyWay Medical over a network, by telephone, or electronically using any means; (5) transmit information that contains or promotes any virus, worm, Trojan horse, time bomb, or any other computer programming or code that is designed for or intended to disrupt the operation of MyWay Medical; (6) attempt to gain unauthorized access to MyWay Medicals’ data systems through hacking, password mining, the use of robots or scrapers, or any other means; or (7) reverse engineer, decompile or disassemble MyWay Medical. You agree to keep confidential and use your best efforts to prevent and protect the contents of MyWay Medical from unauthorized disclosure or use.

You agree not to use MyWay Medical in an unlawful way or for an illegitimate purpose. You will not post or transmit (1) a message or any information under a false name; (2) any information, data, or content that is libelous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of another person, predatory of minors, harassing, threatening, or hateful to any person.

Legal Notices and Disclaimers

DISCLAIMERS:

YOU AGREE THAT YOUR USE OF MYWAY MEDICAL INTERNET SERVICESIS AT YOUR SOLE RISK. ALL INFORMATION, PRODUCTS, AND SERVICES CONTAINED IN OR PROVIDED THROUGH THE MYWAY MEDICAL SERVICES IS PROVIDED “AS IS” AND IS WITHOUT ANY WARRANTY OF ANY KIND, MYWAY MEDICAL IS EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MYWAY MEDICAL DISCLAIMS ANY TYPE OF WARRANTY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MYWAY MEDICAL MAKES NO WARRANTY AS TO THE RELIABILITY, QUALITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, LEGALITY, COMPLETENESS OR SUITABILITY OF THE INFORMATION AND SERVICES PROVIDED HEREIN.

MyWay Medical simply provides a system to facilitate communication with the Provider using MyWay Medical’s health information database and software.

MyWay Medical verifies the state and national (NPI, DEA) licensing status for all contracted Providers.

MyWay Medical is not a replacement for your primary care physician or annual office check-ups.  MyWay

Medical is not an online pharmacy.

MyWay Medical providers do not prescribe elective medications, narcotic pain relievers, or drugs listed as controlled substances by the U.S. Drug Enforcement Agency or regulated under State law. Review the DEA Controlled Substances Schedule if you are interested in a particular prescription and are uncertain if it is listed as a controlled substance. Providers generally do not prescribe more than a 90 day refill within a 6 month period. MyWay Medical consultations treat the majority of common medical conditions, however a small number of cases require an in-person visit for complete care. You agree that any prescription obtained through MyWay Medical from a Provider will only be for its intended use.

MyWay Medical does not guarantee that a specific medication will be prescribed if requested, should the medication be in violation of MyWay Medical Treatment Policies or not medically appropriate, as determined by the Provider. Refunds for completed visits are not provided solely on the basis of Providers not prescribing a medication.

You authorize MyWay Medical to use and publish any comments you choose to share about MyWay Medical, such as comments shared in the MyWay Medical Patient Satisfaction Survey, unless specified otherwise. MyWay Medical will only publish the comments with your first name and the state of requested service.

MyWay Medical does not warrant or validate any information provided by a third party, through advertisements, promotions, communications, or other materials, and does not assume any responsibility or liability for the accuracy of such information.

MyWay Medical has the right to refuse access to MyWay Medical to any person, agency or organization, at any time, for any reason, or for no reason at all.

Fees and Applicable Charges

You agree that you are solely responsible for all administrative fees, subscription fees and consultation fees for Services, pursuant to the schedule of subscriptions and fees set forth on the Site.  If your employer or agency has arranged with MyWay Medical to pay the fee or any portion of the fee, or if the fee is pursuant to some other arrangement with MyWay Medical, that fee adjustment will be reflected in the fee that you are ultimately charged.  Please check with your physician or health plan to determine if any Services are covered.  As further consideration for the Services, you agree to provide certain current, complete and accurate information about them, including valid credit card information, as required by the sign-up for Services and maintain and update this information as needed, to keep it current, complete and accurate.  By completing and submitting the sign-up form, you represents that the statements in their application are true and accurate. You agree that any unpaid balance due hereunder shall bear interest at the rate of 25% per annum, and that costs of collection, including Court costs and reasonable attorney fees shall be added as principal amounts to such balance.  MyWay Medical reserves the right to modify its’ pricing structure at any time and implement the new price structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms of Use. You understand that Services may not be provided or scheduled consultations cancelled if your credit card information is inaccurate or invalid. MyWay Medical may charge a fee if you fail to attend or cancel an appointment in accordance with any stated cancellation policy.

PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

You may edit your Payment Method information at any time.  If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

You may cancel your MyWay Medical membership at any time, and you will continue to have access to the MyWay Medical service through the end of your annual billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-ANNUAL MEMBERSHIP PERIODS. To cancel, please contact MyWay Medical to do so.

Limitations of Liability 

UNDER NO CIRCUMSTANCES SHALL MYWAY MEDICAL, ITS EMPLOYEES, AFFILIATES, SUBCONTRACTORS, AND AGENTS, BE LIABLE (1) IN ANY WAY FOR YOUR USE OF MYWAYMEDICALOR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ERRORS OR OMISSIONS IN ANY CONTENT, INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE MEMD SERVICE; OR (2) FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON OUR COMPUTER, ARISING FROM OR IN CONNECTION WITH THE MEMD SERVICE, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT, A THEORY OF BREACH ON CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE, OR OTHERWISE RESULTING FROM YOUR USE OF THE MYWAY MEDICAL SERVICE.  YOU HEREBY RELEASE MYWAYMEDICAL AND HOLD MYWAY MEDICALHARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF ANY AND EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED., RESULTING FROM YOUR USE OF THE MEMD SERVICES.

Indemnification

You agree to indemnify, hold harmless, and defend MyWay Medical and its affiliates from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions and suits, fees, costs and attorney’s fees of any kind whatsoever arising directly and indirectly out of, or in connection with (1) your use of MyWay Medical; (2) your failure to comply with any applicable laws and regulations; (3) the content or subject matter of any information you provide to MyWay Medical; and (4) your breach of any obligations set forth in this Use Agreement.

Governing Law

This Use Agreement and any claim arising out of your use of MyWay Medical will be governed by Texas law.  Any such claim will be resolved through binding arbitration conducted by the American Arbitration Association, under its Consumer Procedures, in Texas. If there is a dispute, both you and MyWay Medical will share equally in the cost of the arbitration proceeding, and the prevailing party will be entitled to recover its other costs, including attorney and expert fees, from the other party.  ALL DISPUTES WILL TAKE PLACE IN MONTGOMERY COUNTY.

Acknowledgment of Terms

You certify that you have read, accept, and hereby consent to the terms of this Use Agreement, and your acceptance of these terms and conditions constitutes your electronic signature to this Use Agreement. You agree that you may be sent electronic notices to the email address provided during your registration. Any notice sent will be effective once delivered, regardless of whether or not you actually received the delivery or if you choose to read it.

This Use Agreement constitutes the sole agreement between you and MyWay Medical for your use of MyWay Medical, and any further statements or inducements, oral or written, not contained in this Use Agreement shall bind either you or MyWay Medical. Any of the terms of this Use Agreement, which are invalid or unenforceable, shall be ineffective to the extent of such invalidity or unenforceability, without rendering invalid or unenforceable any of the remaining terms of this Use Agreement.

Electronic Signature

I have read this Use Agreement and I understand it. I agree to comply with it, on behalf of myself and on behalf of any other person on whose behalf I am seeking medical care. I understand and agree that if I fail to comply with the terms of the Use Agreement, I may be prohibited from using the MyWay Medical Service, and I will hold MyWay Medical harmless from any liability arising from my failure to comply.

I hereby certify that I am at least eighteen years of age and possess the legal right and ability to enter into this Use Agreement under the name in which I have registered to use MyWay Medical. I further certify that I am physically present in the state that I have designated at the time that I am accessing MyWay Medical. I understand and acknowledge that my ability to access the MyWay Medical Service is conditional upon the abovementioned criteria of my certification of age, legal authority, and physical presence at the time that I access MyWay Medical, and that the Providers are relying upon this certification in order to interact and facilitate health care services with me.

You will be required to acknowledge these Terms and Conditions when you create a profile andrequest a visit with MyWayMedical.

EFFECTIVE AND REVISED 05/01/2016