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Terms of use

Your use of the Application, as defined below, is subject to the terms and conditions set forth herein and any other terms and conditions applicable to you from time to time (collectively the “Terms”). The use of the Application is also governed by the PatientMD’s Privacy Policy, which is incorporated as part of the Terms. It is important that you take the time to read these Terms. These Terms and any of the documents referenced herein form the legally binding agreement between you and us relating to the Application. “We,” “Us,” or “PatientMD” means PatientMD, Inc.

We may make changes to the Terms from time to time. When these changes are made, we will make a new copy of the Terms available at PatientMD.com, and any new additional terms will be made available to you from within, or through, the affected Application. You understand and agree that if you use the Application after the date on which the Terms changed, we will treat your use as acceptance of the updated Terms.

PatientMD provides a mobile application to allow you to: (1) download and access updates to specific applications already provided on your mobile phone as well as any related content, (2) download additional optional applications for your mobile phone, and (3) access content and other software applications (collectively “Application”).

License of Application

PatientMD grants you a limited, personal, non-exclusive, non- transferable license to use the Application (in object code executable only form) on a single device for personal, non-commercial uses; and download the Application any number of times onto a single device (provided that no more than one copy is installed on the single device at any one time) while the Application is available for distribution. For clarity, an Application may be withdrawn by PatientMD. These Terms will apply to such copies as it applies to the original copy of the Application installed by you. The contents, Application and other software services made available through the Application are licensed, not sold, to you by PatientMD for use only under these Terms.

You acknowledge and agree that PatientMD (or PatientMD’s licensors) own all legal rights, title and interest in and to the Application, including any Intellectual Property Rights which subsist in the Application (whether those rights happen to be registered or not, and wherever in the world those rights may exist). "Intellectual Property Rights" means any and all worldwide rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all renewals, extensions and restorations thereof, now or hereafter in force and effect. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to, contained within, or accessed in conjunction with or through the Application. Nothing in these Terms gives you a right to use any of PatientMD’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.

System Requirements and Updates

Use of the Application requires a device (which is compatible with the Application), internet access (fees may apply), and certain software (fees may apply). It may also require obtaining updates or upgrades from time to time. The use of the Application involves hardware, software, and internet access, and therefore your ability to use the Application may be affected by the performance of these factors. High-speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility and not the responsibility of PatientMD or its licensors. The Application is not part of any other product or offering, and no purchase or rental (as applicable) or obtaining of any other product shall be construed to represent or guarantee you access to the Application. The software used in connection with the Application may automatically download and install updates from time to time from PatientMD. These updates are designed to improve, enhance and further develop the Application and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit PatientMD to deliver these to you) as part of your use of the Application. PatientMD reserves the right, in its sole discretion, to change, improve, and correct the Application. The Application may not be available during maintenance breaks and other times. PatientMD may also decide to discontinue the Application or any part thereof in its sole discretion. In such cases, you will be provided with prior notification.

Data Charges, Advertisements and Third-Party Content

Your use of the Application may entail the transmission of data through Applications provided by your mobile operators or other carriers. Therefore, such mobile operators/carriers may charge you for the use of the Application in terms of mobile phone/carrier billing. Some of the Application is supported by advertising revenue and may display advertisements and promotions. The manner, mode, and extent of advertising on the Application are subject to change without specific notice to you. In consideration of PatientMD granting you access to and use of the Application, you agree that PatientMD may place such advertising on the Application.

The Application may include hyperlinks to external web sites, content, resources, or provide content posted by third-parties, including content related to third-party products and services. PatientMD has no control over any web sites, resources, or information provided by companies or persons other than PatientMD. By using the Application, you acknowledge and agree that PatientMD is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of the availability of any such external sites or resources (or the content thereof), and does not endorse any advertising, products or other materials on or available from such web sites or resources. We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of reliance on such web sites or products.

IF YOU PURCHASE OR USE A THIRD PARTY PRODUCT AND/OR SERVICE PROMOTED OR OTHERWISE AVAILABLE VIA THE APPLICATION YOU MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS OF USE AS A CONDITION OF USING SUCH PRODUCTS AND/OR SERVICES. TERMS OF USE OF THIRD PARTIES ARE IN ADDITION TO THESE TERMS OF USE.

Content – All Users

The sole purpose of the Application is to provide a platform for discussing, posting, sharing, and otherwise communicating about matters, materials, and services related solely to health care and for no other purpose.

Restrictions

All users shall be responsible for conducting their Application-related activities in compliance with all applicable laws, rules and regulations. Without limiting the foregoing, you specifically agree that you will not make posts, share multimedia (including photos, videos, or other recordings), or send messages in the Application that:

  • Contain profanity, racist, sexist or homophobic comments, harass or stalk any person, or contain defamatory statements or personal attacks on others;
  • Disrupt any other user’s enjoyment of the Application;
  • Are made under another person’s name or impersonate anyone;
  • Contain personal details or private information about any other person, including but not limited to any Protected Health Information as that term is defined by applicable law, or any confidential information or any information that would infringe upon the proprietary, privacy, or personal rights of others;
  • Breach any intellectual property rights law (including posting material protected by copyright without the permission of the copyright owner or using any words, logos or other marks that would infringe upon the trademark, service mark, certification mark, or other intellectual property rights of the owners of such marks without the permission of such owners);
  • May be considered spamming or contain chain letters or any other form of unauthorized solicitation, including the solicitation of lawsuits;
  • Violate U.S. export laws or encourage illegal activity of any kind; or
  • Are otherwise unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous or hateful to any other person or entity as determined solely by PatientMD in its sole discretion.
User Posts

By posting, sharing, or otherwise communicating material through the Application, the posting party warrants and represents that he or she owns the copyright with respect to such material or has received permission from the copyright owner. In addition, the posting party grants PatientMD and users of the Application the nonexclusive right and license to display, copy, publish, distribute, transmit, print, and use such information or other material. Once you have created a post, shared, or otherwise communicated the material, you cannot withdraw or retract the license and consent. By posting on the Application, you acknowledge that the material is not confidential and agree that other users of the Application may copy, use, transmit, modify, distribute and display the content you post.

Messages or other communications should not be posted, shared, or otherwise communicated through the Application if they encourage or facilitate users to arrive at any agreement that either expressly or impliedly leads to price fixing, a boycott of another's business, or other conduct intended to illegally restrict free trade. Messages that encourage or facilitate an agreement about the following subjects leading to price fixing or boycotts are inappropriate: (i) prices, discounts, or terms or conditions of sale; (ii) salaries; profits, profit margins, or cost data; (iii) market shares, sales territories, or markets; (iv) allocation of customers or territories; or (iv) selection, rejection, or termination of customers or suppliers.

Messages or other communications posted or otherwise shared by users that discuss prices of medical or other healthcare-related products or services may be posted or shared for purposes of discussing the value of such products or services to the user.

Etiquette
  • Do not challenge or attack others. The discussions and comments are meant to stimulate conversation, not to create contention. Let others have their say, just as you may.
  • Use caution when discussing products. The information posted or otherwise shared on the Application is available for all to see, and comments are subject to libel, slander, and antitrust laws.
  • Remember that other participants have the right to reproduce postings to the Application unless you specify that such reproduction is not permitted.
  • Always include a signature tag on all messages, posts, and other shared content.
Content – Healthcare Providers

Healthcare service providers are part of the community that uses the Application. If you are a healthcare service provider, the terms outlined in this section (in addition to all other terms) apply to you. In addition to the provisions above, you agree to act with a professional demeanour. Please do not post or otherwise respond or reply to an inquiry when you do not know the answer. This will help avoid postings or other content containing incorrect or misleading answers.

You may, as appropriate, in response to a post or inquiry, provide information about you, your practice, your products and your services. You may not, however, engage in an aggressive marketing campaign through the Application. The Application is not intended to be a personal marketing vehicle for you.

The Application may be used by PatientMD for marketing purposes, and PatientMD may allow third parties to advertise their products or services on the Application.

The Application may permit direct messaging between health care service providers and users that contain Protected Health Information (PHI), as such term is defined by the federal Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (HIPAA). You acknowledge that if you use this direct messaging feature that you will be required to agree to specific consent and authorization terms [PATIENT AUTHORIZATION] related to the sharing of your PHI through the Application. Health care providers using the direct messaging feature are also required to agree to the terms of a business associate agreement with PatientMD.com and any subcontractor with whom PatientMD.com may choose to work. We shall not be liable for any use or disclosure of Protected Health Information in violation of HIPAA through the Application, including, but not limited to, the transmission of Protected Health Information to an unintended recipient.

Monitoring and Enforcement

PatientMD does not pre-screen, verify, or edit the content posted by users in the Application. However, PatientMD reserves the right to monitor any and all information transmitted or received through the Application. PatientMD, in its sole discretion and without further notice to you, may review, censor or prohibit the transmission or receipt of any information which PatientMD deems inappropriate or that PatientMD determines violates the Terms. PatientMD has the sole discretion to enforce the Terms.

If you are a healthcare service provider, PatientMD has the right to verify your credentials. By way of example, if you represent you are a medical doctor, then PatientMD may choose to verify this. If you sign in as a healthcare service provider and you are not, PatientMD is not liable for comments made by you or services provided by you.

User Information

In the course of using the Application, PatientMD may learn non-public, including personal or confidential information about you. PatientMD’s use of such non-public information is governed by PatientMD's Privacy Policy. It is your responsibility to read and otherwise become familiar with the terms of the Privacy Policy as it relates to your use of the Application. If you provide information to parties (including other users) other than PatientMD through the Application or otherwise, you acknowledge such third parties are not bound by the PatientMD Privacy Policy, and such third parties may or may not have restrictions on their use of such information. You acknowledge PatientMD is not responsible or liable for the use of your information, including personal or confidential information, by any third party.

You acknowledge that when you use the Application, PatientMD may use means to collect information about you. You also may be required to provide certain information about yourself as a condition for accessing the Application or certain of its features. All information PatientMD collects through or in connection with the Application, or your use thereof is subject to PatientMD’s Privacy Policy, [insert link]. By using and providing information to the Application, you consent to all use and actions taken by PatientMD with respect to your information pursuant to the Privacy Policy, including but not limited to, for the purposes of research and marketing by PatientMD. PatientMD will not sell any information collected from you to any third party.

Termination

PatientMD reserves the right to terminate the access of any user who does not abide by the Terms. The limited license rights granted hereunder by you to PatientMD shall remain in full force and effect.

Limitations

If you are a user who is not a healthcare service provider, then you may interact directly on this Application with one or more healthcare service providers to learn about medical products, treatments or services, or other means. PatientMD is not responsible for any medical products, services, treatment, or care suggested to you by a healthcare service provider that subscribes and/or uses this Application.

IN THIS REGARD, PATIENTMD HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, RESPONSIBILITY, AND LIABILITY OF ANY KIND REGARDING ANY COMMUNICATIONS BETWEEN YOU AND ANY HEALTHCARE SERVICE PROVIDERS OR USERS OTHERWISE HOLDING THEMSELVES OUT TO BE HEALTH CARE SERVICE PROVIDERS FOR THE PURPOSE OF OBTAINING MEDICAL SERVICES, PRODUCTS, TREATMENT OR CARE FROM USE OF THIS APPLICATION. PATIENTMD OPERATES THIS APPLICATION AS A CONVENIENCE FOR YOU AND HEALTHCARE SERVICE PROVIDERS. PATIENTMD IS NOT LICENSED TO RENDER MEDICAL OR HEALTHCARE ADVICE TO YOU ON ANY TOPIC OR FOR ANY PURPOSE AND DISCLAIMS LIABILITY FOR ANY DIAGNOSES OR TREATMENTS RECOMMENDED TO YOU BY A HEALTHCARE SERVICE PROVIDER THAT USES THIS APPLICATION.

You acknowledge that the information provided through the Application is comprised of content from sources, which are beyond the control of PatientMD. The Application is intended to provide for the exchange of information on resources, products, services, and content to facilitate the delivery of patient care by physicians and other healthcare professionals. Use of the Application does not substitute for professional medical advice, diagnosis, or treatment. Neither PatientMD nor its licensors shall be responsible, and each expressly disclaims responsibility for damages of any kind arising out of the use of, the reference to, or reliance on, the Application, including any content contained therein. Neither PatientMD nor its licensors shall be liable for any errors, inaccuracies, or delays in the content, or for any actions taken by you in reliance thereon.

Further, you acknowledge that the purpose of the Application is to facilitate the delivery of health care services by healthcare service providers and is not a substitute for obtaining the advice of a health care professional. You are responsible for seeking the healthcare advice of a healthcare professional if you are experiencing medical problems.

YOU ASSUME ALL RESPONSIBILITY (AND HEREBY HOLD PATIENTMD HARMLESS) FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION ON YOUR COMPUTER OR OTHER ELECTRONIC EQUIPMENT USED TO ACCESS THE APPLICATION, BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS. YOU ACKNOWLEDGE THAT THE APPLICATION IS PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS. PATIENTMD AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING AND ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NONE OF PATIENTMD NOR ANY OF ITS AFFILIATES OR LICENSORS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS, DAMAGE, LIABILITY, COST, OR EXPENSE SUFFERED OR INCURRED IN CONNECTION WITH THE USE OF OR PARTICIPATION IN THE APPLICATION OR ITS CONTENT NOR FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE APPLICATION FOR ANY PURPOSE WHATSOEVER, EVEN IF PATIENTMD OR ITS AFFILIATES OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PROVISIONS CONTAINED IN THIS LIABILITY SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

Indemnification

You hereby agree to indemnify, defend, and hold harmless PatientMD, its affiliates and its licensors (including their officers, directors, members, managers, partners, employees, affiliates, agents, representatives or subcontractors) for and against any and all claims brought by persons or entities other than the parties to this agreement arising from or related to your access to and use of the Application, including the information obtained through the Application.

Copyright

The content within the Application is protected by copyright and other laws in both the United States and elsewhere. The content includes both contents owned and controlled by PatientMD and content of third-parties. You have permission to view and download a single copy of the content of the Application, as long as you comply with the Terms or until PatientMD terminates this agreement or your access rights. All rights not granted to you herein are expressly reserved by PatientMD.

If you own intellectual property and believe it is being infringed on by the Application, please let us know by filing a complaint as set forth below. In accordance with the Digital Millennium Copyright Act (17 U.S.C. §512), any notification of claimed copyright infringement must be sent to PatientMD’s Designated Agent with the following information:

  • A physical copy or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed or if multiple copyright work at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or could be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit PatientMD to identify the material;
  • A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Privacy Policy

PatientMD, Inc. ("PatientMD") knows that you care how your information is used and shared. We appreciate your trust in us that we will use your information carefully and sensibly. This Privacy Policy (“Policy”) describes the ways we collect, store, disclose and protect the information, including personal information, that you provide or we collect in connection with our website, mobile application, products, software and other services. Our Terms of Service (“Terms”), which are incorporated into this Policy by this reference, further describes the terms governing your use of the website, mobile apps, products, software and other services.

By using the Application, you are expressing your agreement to this Policy and the processing of your data, including your personal information, in the manner provided in this Policy. If you do not agree to these terms, please do not use the Application.

Privacy Policy Support

If you have an inquiry or concern about our Policy, please contact us at: info@patientmd.com, Attn:  Privacy Director, 1-855-728-6348.

Changes in this Policy

PatientMD may amend this Policy at any time without notice. Changes to this Policy may affect our use of personally identifiable information that you provided us prior to our notification to you of the changes. Please visit our website or Application to obtain current information about our Policy.

Patient Authorization

To facilitate your interaction with health care service providers in the Application, you may authorize PatientMD to receive, store, and transmit your Protected Health Information (PHI), as such term is defined by the Health Insurance Portability and Accountability Act of 1996 and its regulations (HIPAA) for purposes of utilizing the direct messaging with health care service providers platform in the Application. Any such use or disclosure of your PHI by PatientMD shall be governed by and limited to the terms of your Patient Authorization.

Information Collected

The information we collect generally includes: (1) Personal information you supply, and (2) Tracking information collected as you navigate through the (Site) Application.

Personally identifiable information

PatientMD will not collect any personally identifiable information about you unless you voluntarily provide it to us, such as when you post to the Application or email us. We may collect and store personally identifiable information (such as your name, mailing address, e-mail address, telephone number, and/or mobile phone number) whenever you do the following:

  • Post or transmit information through the Application.
  • Utilize Social Media/Platforms/Marketplaces/Services available through the Application.
  • Complete the registration process for the Application.
  • We also collect personal and family health information. This is done so that we can provide results that are relevant, meaningful and medically actionable. There might also be a need for you to provide information such as your race/ ancestry, age and sex. Personal and Family Health Information also includes information about your health conditions and genetic mutations. It is of utmost importance that you provide the most accurate information possible.

Aggregate Information from our DNA testing services:

With your consent, we extract your DNA from your saliva sample and analyze it to derive your Genetic Information (the As, Ts, Cs and Gs at particular locations in your genome) to provide you with your PatientMD reports and tools.

Aggregate Information

When you use the Application, we may collect tracking information such as your browser type, the type of operating system you use, the domain name of your internet service provider, and pages, sections, features, or items visited/viewed through the Application. We collect this information for aggregate reporting on Application activity. For example, we may want to know how long the average user spends using the Application or which pages or features get the most attention.

When we collect this information, we endeavour to de-identify any personally identifiable information by combining it with information about other individuals/users (“aggregating”) or by removing characteristics that make the information personally identifiable to you. PatientMD reserves the right to share with third parties de-identified aggregated information about you and other users of our Application. We share this information to improve our Application and develop content and services that may be of interest to you.

Cookies and Beacons

To help you personalize your online experience using the Application, we may use "Cookies." "Cookies" are small files that are transferred to your hard drive for record- keeping purposes. One of the primary purposes of cookies is to provide a convenience feature to save you time. For example, Cookies help to recognize you when you re-enter the Application so that you will not have to log in each time you visit. Cookies also help to collect anonymous traffic data, such as the number of unique and return visitors who use our Application. Besides, Cookies may be placed with users visiting through advertising banners and hyperlinks on other sites or through other applications to track the success of a particular advertising campaign or marketing program.

Most web browsers are set to accept Cookies automatically. If you prefer, you can reset your browser to notify you when you receive a cookie or to refuse to accept Cookies. It is important to note that you may not be able to use certain features in our Application if you choose not to accept Cookies. The use of cookies is an industry-standard and occurs at most major sites. To manage Cookies, please review your browser's privacy settings. A “web beacon” is an electronic image placed in the code of a web page. We may utilize web beacons to monitor the traffic patterns of users from one page to another and to improve Application performance.

A “Session Cookie,” which is not placed on your hard drive, may also be used. A Session Cookie is a piece of identification between your browser and the server that keeps track of the items in, for example, your shopping cart and other information about your current session or use of the Application. A Session Cookie is automatically deleted when the session expires when you log out of the Application, or when you close your browser.

Storing and Using Information

PatientMD generally collects information to create your account, provide the Application to you, improve our Application, contact you, conduct research, and create reports for internal use. We use information collected through our Application for purposes described in this Policy or disclosed to you in connection with our Application. For example, we may use your information to:

  • identify and suggest connections with other Application users;
  • operate and improve our Application;
  • understand you and your preferences to enhance your experience and enjoyment using our Application;
  • respond to your comments and questions and provide customer service;
  • provide and deliver products and services you request;
  • send you related information, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages;
  • communicate with you about promotions, rewards, upcoming events, and other news about products and services offered by our selected partners and us;
  • enable you to communicate with other users; and
  • link or combine it with additional information we get from third parties to help understand your preferences and provide you with better services.

We store information on servers located in the United States and may store information on servers and equipment in other countries. We do not undertake to maintain any information about you for a duration greater than necessary to provide services to you or as provided by law, rule or regulation.

PatientMD currently, and will at all times, maintain reasonable security measures to protect the personal information that we collect and store from unauthorized access, acquisition, destruction, use, modification, or disclosure.

Any PHI that you disclose to a health care service provider through the Application shall be maintained in accordance with the requirements of HIPAA and with the terms of your Patient Authorization. In no event will PatientMD use or disclose your PHI to any individual or entity not included under your Patient Authorization.

Sharing Information

We may share your personal information with our authorized service providers that perform certain services on our behalf. These services may include, among others, fulfilling orders, processing credit card payments, delivering packages, providing customer service, performing business and sales analysis, supporting our Application functionality, and other features offered through our Application. These service providers may have access to personal information needed to perform their functions, but the access is limited to what is required and necessary for the service providers to perform those functions, and they are not authorized to modify, share, or use such personal information for any other purposes. In no event shall these authorized service providers have access to any PHI disclosed through the Application pursuant to the terms of your Patient Authorization.

PatientMD requires that any such service providers to whom it allows access to its collected and stored information implement and maintain reasonable security measures to protect your personal information from unauthorized access, acquisition, destruction, use, modification, or disclosure.

We may also transfer user or customer information, including personally identifiable information, in connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale.

We may disclose specific information in response to a valid court order, subpoena, government investigation, or as otherwise required by law, to enforce our Application policies and Terms, or to protect our or others' rights, property, or safety. We reserve the right to report to law enforcement agencies any activities that we, in good faith, believe to be unlawful.

We may share information:

  • With service providers that include our sequencing laboratory as we require their services.
  • With other PatientMD customers provided, you request us so. For example, when you send a message related to DNA or when you add your information to a public profile.
  • With research collaborators, provided you have given your consent explicitly.
  • We may share information to prevent illegal uses of the Application or violations of the Terms or defend ourselves against third-party claims. We may also share information with companies assisting in fraud protection or investigation. We do not provide information to these agencies or companies for marketing or commercial purposes.
Opt Out or Change Information

If you do not want to receive email from us, or you want to prevent your information from being used for purposes other than those for which it was initially collected, please let us know by sending an email to this address contact@patientmd.com.

PatientMD gives you the ability to share information in several ways. You may choose:

  • To store or discard your saliva sample after it has been analyzed for genetic sequencing.
  • When and with whom you share your information, including family members, friends, healthcare professionals and other individuals who are not included in our service. This also consists of the third-party services that accept the data and social networks of PatientMD.
  • To choose to give consent or decline consent for scientific research purposes through PatientMD Research by agreeing to the Individual Data Sharing Consent, Research Consent Document or while participating in a PatientMD community.
  • Opt-out from storing your saliva sample after it has been analyzed.

Due to production, mailing, and system timelines, it may take some time to process your request. Besides, we may still use your information to communicate with you for other purposes, such as your orders and purchases, for customer service, or regarding contests or sweepstakes, you may have entered.

Children

We do not knowingly solicit or collect information from persons under the age of 13. We do not have a mechanism for determining the age of the users of our Application. If you are under 13, please do not attempt to use our Application or send any information about yourself to us, including your name, address, telephone number, or email address. No one under the age of 13 may provide any personally identifiable information. If we learn that we have collected personally identifiable information from a child under age 13, we will delete that information as quickly as possible.

International Users

This Application is operated, in whole or in part, from the United States. By using the Application, regardless of where you live in the world, you consent to have your personal data transferred to and processed in the United States, and allow PatientMD to use and collect your personal information in accordance with this Privacy Policy.

Third Party Links

Our Application may also contain links to other third-party websites that are not under our control. These websites may or may not have their policies regarding privacy. You should seek and review these policies before providing information to these websites. PatientMD has no responsibility for linked websites and provides these links solely for the convenience and information of our visitors. PatientMD also maintains a strict "no-spam" policy and fully complies with CAN-SPAM Act regulations.

Your individual-level information will not be sold, given on lease or rented for any research purposes without your explicit consent.

  • Our customer data will not be shared with any public database.
  • Any person’s data (whether genetic or non-genetic) will not be shared with any insurance company or employer.
  • The data will not be given to any law enforcement authority unless the law requires it.

How is your information secured?
We at PatientMD implement such measures and systems that will ensure that the confidentiality, integrity and availability of PatientMD data is maintained at all times.

  • De-identification/ Pseudonymization, encryption and data segmentation: We strip registration information from sensitive information, and this also includes genetic and phenotypic data. We then assign this data with a randomly generated ID that is not easily identifiable.
  • Limiting access to essential personnel: access to your information is limited to authorized personnel only. The access controls of PatientMD include multi-factor authentication, single sign-on, as well as strict least-privileged authorization policy.
  • Threat detection and vulnerability management: At PatientMD, we use detection and prevention methods so that any potential attacks in the network can be prevented. Third-party security experts are engaged so that regular penetration tests can be conducted.
Risks and Considerations:

There is always a chance for consequences when you use our services, which you might not have considered.

  • You may know about some information about yourself and your family members that might upset you, and it may cause some anxiety, and the situation might be beyond your control.
  • You may learn about some relatives who were previously unknown to you, or you may also find out that you do not have any biological connection with some of your relatives.
  • In case there is a breach of data and if the data is associated with your identity, and such can be used unethically.
Terms of Use, Notices, and Revisions.

If you choose to use the Application, your use and any dispute over privacy are subject to this Policy and our Terms, including limitations on liability and damages, application of the law of the State of Illinois and resolution of any disputes in Illinois.

If you have any concern about privacy about your:

  1. Genetic information: information about genotypes (As, Ts, Cs, and Gs) that are generated by way of processing your saliva.
  2. Self-reported information: Information that is provided directly to us, such as information on disease conditions, traits, family background and all other such information that you enter into the surveys, forms and so on.

Then please contact us with a thorough description, and we will make all reasonable attempts to resolve it.

Our business changes constantly, and this Policy, the Terms, and the Application will continue to change. You should check the Application frequently to see recent changes such as information related to the genetic testing services, saliva sampling and biobanking and other services offered by the app. Unless stated otherwise, any revised Policy will replace the prior Policy and will apply to past and current visitors.

Information that is related to genetic services:

  1. Saliva sample collection: To use our genetic testing services, you are required to register with us and then complete your profile. After this, you purchase our genetic testing kit, fill-up the form and then follow the instructions in the test kit.
  2. Genetic information: Information about your genotype (As, Ts, Cs, and Gs), which is generated when we analyze your saliva sample or when you provide your information through our services. This also includes the genetic test result, which might be used for other purposes as well.

Providing additional consent for our research on next-generation healthcare

Whether or not you allow us to share your Personal Information for our Research purposes You have the choice to participate in PatientMD Research for the service of mankind by providing your consent. "PatientMD Research" refers to research works aimed at publication in peer-reviewed journals and other research funded by the Government or other academic Institutes conducted by PatientMD.

Third parties such as not-for-profit organizations, pharmaceutical or biotechnology companies or academic institutions, might sponsor the research that we will conduct. The research might also include the study of a specific group of individuals or populations along with therapeutics development for identifying potential cases or targets. It might also conduct or support the design and development of drugs, diagnostics or devices to diagnose to predict or treat medical conditions and be able to work with other public, private and/or not-for-profit entities on research initiatives. The same information might also be used to create, commercialize, and apply to improve health care. PatientMD Research may use aggregate and/or individual-level information (whether genetic or self-reported) as specified in the appropriate Consent Document(s), filled up during ordering of the test by the individual. We at PatientMD may use your De-identified Genetic and Self-Reported Information for Research purpose, and it is only after you have consented to this use (by clicking an appropriate checkbox in a consent Document, which is optional). If you have agreed to this Research Consent:

  1. Your information (whether genetic or self-reported) will be used for research purposes, but we will de-identify it, and we will not link it to your Registration Information.
  2. Your information might be used internally by us at PatientMD for Research as well as quality control purposes.
  3. We may share a few summary statistics with our qualified research collaborators that do not reveal the identity of any individual.

If you have completed our research consent form, we may share De-identified Individual-level information with selected third-party research collaborators or our partners for Research purposes.

Withdrawing your Consent.

You have the right to withdraw your consent regarding your participation in our research at any time. This can be done just by way of changing the consent status and emailing us at contact@patientmd.com. We will not include your information in any new research that occurs after 30 days from the receipt of your request. However, if any research has been conducted with your data prior to your request, we will not reverse it, undo it, or withdraw it.

What if you do not provide consent to our Research?

If you do not wish to check the box that is required to know about your agreement for participating in research in the Consent Document, we will not use your personal information for research purposes. However, we might still use your information and share it with our third-party service providers, as has been outlined in this Privacy Statement.

If you want to get recruited for our external research

One of the important aspects of PatientMD is our research, and we want to ensure that the interested participants are aware of additional opportunities to contribute to interesting, novel scientific research conducted by academic institutions, healthcare organizations, pharmaceutical companies, and other groups for the benefit of mankind. After you have chosen to participate in our research, we may inform you of any third-party research opportunities, whichever might be eligible. However, we will not share any information with any third party without your consent. In case you do not want to receive any of the alerts, you can send us an email at contact@patientmd.com.

To provide effective customer support

When you contact our customer care, you may be required to provide your information so that we can answer your questions and resolve your disputes, if any.

To conduct surveys or polls, and obtain testimonials

We value your feedback, and so we may send you surveys, polls, or requests for testimonials so that we are able to improve and optimize our services. You are, however, in control of what you would like to share with us. If case you do not want to receive such requests from us, then you can email us at contact@patientmd.com. Seven working days might be required for effect.

For Designated Countries: To process your information, we require your consent. You may withdraw your consent at any time. Such withdrawal might not affect the lawfulness of the processing of your information that is based on your consent before the withdrawal.

To provide marketing communications to you

When you create a PatientMD account, it means that you are agreeing to our offer of sending you product and promotional emails or any notification about our services and the offers on any new products, services, promotions or contests. You will have the option of unsubscribing from such marketing communications at your desirable time. To unsubscribe, click the “unsubscribe” link or email us at contact@patientmd.com. You may not want to opt-out of receiving non- promotional messages such as service-related emails.

Terms and Conditions for Uploading Videos, News and Blogs

Introduction

Welcome to the PatientMD Terms and Conditions for uploading videos, news and blogs on the platform. The Terms and Conditions you see below are important because they:

  • Outline your legal rights on PatientMD
  • Explain the rights you give to us when you use PatientMD
  • Describe the rules one needs to follow when uploading videos, news and blogs on the PatientMD platform
  • Contain an agreement on how to resolve any disputes that may arise by copyright issues

We recommend that you read these Terms and Conditions. Furthermore, PatientMD may change these Terms and Conditions at any time by updating this webpage. Please review the Terms and Conditions regularly to ensure you are aware of any changes. Your continued access to and/or use of the Platform after changes have been made to these Terms and Conditions indicates your agreement to be legally bound by the updated and/or amended Terms and Conditions.

If you do not agree to them, you should not access the Site or use the Platform.

Your Personal Information.

You agree to provide only true, accurate, and complete information to us and/or the Site. Any personal information provided by Users will be treated with appropriate care and security in accordance with our Privacy Policy.

Your Content and Conduct

User Submissions — Video, News and Blogs Files
You agree to only post or upload videos, news and blogs on the PatientMD Site that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy, or any other rights of any other person. Videos, news and blogs of celebrities and cartoon or comic images are usually copyrighted by the owner.

In the event of using a video, news, blogs, clipping, or a part of it or any part of it, the person responsible for uploading the videos, news and blogs should mandatorily adhere to the code of conduct as per the Creative Commons license.

In case you are uploading any videos, news and blogs or any part of it which is not the property of yours, then you must compulsorily have a documented permission from the original source for uploading the videos, news and blogs. In case of any breach of copyright issues, PatientMD will no way be held responsible.

To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address, or web site URL) of you or of anyone else. Uploading videos, news and blogs of other people without their permission is strictly prohibited.
By uploading any video on the PatientMD Site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a video of or with someone else unless you have their explicit permission.

It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions, the PatientMD Advertising Policy or the PatientMD Privacy Policy.

You agree that you will not upload any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web site.

By uploading any video, news, blogs, etc. on the PatientMD Site: (a) you grant to PatientMD a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, fully sublicensable right and license to use, copy, print, publicly display, reproduce, modify, publish, post, transmit, create derivative works from, and distribute the media and any material included in the media; (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes PatientMD to use, copy, print, publicly display, reproduce, modify, publish, post, transmit, create derivative works from, and distribute the media and any material included in such media; and (c) you agree to indemnify PatientMD and its affiliates, directors, and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these Terms and Conditions.

PatientMD reserves the right to review and monitor all videos, news and blogs prior to submission to the site and to remove any video in good faith which determines to be illegal, harmful, offensive, creating liability for PatientMD or its service providers, or otherwise in violation of this Terms and Conditions at any time, without prior notice, at our sole discretion. Also, from time to time, internet service failures may preempt access to videos, news and blogs.

Your Personal Information.

PatientMD makes no representations whatsoever about any other website that you may access through this Site. When you access any other site, PatientMD has no control over the content on that website. In addition, a link to a non-PatientMD website does not mean that PatientMD endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk. Your use of those third-party sites is undertaken at your own risk and is subject to the terms of use and privacy policies of each site. We do not endorse nor assume any liability for third-party websites, services, or products.

Passwords.

You agree: to keep your password secure and confidential and to not allow anyone else to use your login id or password to access the Site or any video content; to not do anything which would assist anyone who is not a Registered User to gain access to any secured area of the Site, and; to not create additional registration accounts for the purpose of abusing the functionality of the Site or any Content, or other users, or to seek to pass yourself off as another User. If you think someone else has obtained your account details, please let us know immediately via contact@patientmd.com and we will close your account as quickly as possible. Please note that you will be responsible for PatientMD and to others for all activity that occurs under your registration account.

User Video Content Guidelines

If you use, or post Videos, News and Blogs on our platform, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in our Platform. PatientMD and its licensors are not responsible for the consequences of any communications in the Site. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

In consideration of being allowed to use our website, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

  1. Using our website for any purpose in violation of local, state, national, or international laws;
  2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
  3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by PatientMD in its sole discretion;
  4. Posting advertisements or solicitations of business;
  5. Impersonating another person;
  6. Distributing viruses or other harmful computer code;
  7. Harvesting, scraping or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;
  8. Allowing any other person or entity to use your identification for posting or viewing comments
  9. Posting the same note more than once or "spamming"; or
  10. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying our website, or which, in the judgment of PatientMD, exposes PatientMD or any of its customers or suppliers to any liability or detriment of any type.

PatientMD have no liability or responsibility to users of the PatientMD Site or any other person or entity for performance or nonperformance of the aforementioned activities.

Indemnification

You hereby indemnify PatientMD and undertake to keep PatientMD indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by PatientMD to a third party in settlement of a claim or dispute on the advice of PatientMD’s legal advisors) incurred or suffered by PatientMD arising out of any breach by you of any provision of these Terms of Use, or arising out of any claim that you have breached any provision of these Terms of Use.

Claims of Copyright Infringement

We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.

DMCA Policy

PatientMD respects the intellectual property of others and expects its users to do the same. Each user must ensure that the materials they upload do not infringe on any third-party copyright. PatientMD will promptly remove materials in accordance with the Digital Millennium Copyright Act (“DMCA”) when properly notified that the materials infringe a third party's copyright. PatientMD will also, in appropriate circumstances, terminate the accounts of repeat copyright infringers. In filing any request, please ensure that your notice is complete and that your statements are accurate. If we request additional information necessary to make your notice complete, please provide that information promptly. If you fail to provide the required information, your request may not be processed further.

Notices of Alleged Infringement for Video Made Available on the Site
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us an E-mail complying with the following requirements.

  • Identify the copyrighted works that you claim have been infringed.
  • Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
  • Provide your mailing address, telephone number, and, if available, email address.
  • Include both of the following statements in the body of the E-mail:
    • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
    • “I hereby state that the information in this E-mail is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
    • Provide your full legal name and your electronic or physical signature.

Deliver this E-mail, with all items completed, to our Support team at contact@patientmd.com.

In an effort to protect the rights of copyright owners, PatientMD maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.

Data Retention

We retain your data for as long as you have an account. When you close an account, we will delete the videos, news and blogs associated with it. We may retain logs of automatically collected information (for internal analytics and security purposes); your email address; communications with you; and your transactional information (for auditing, tax, and financial purposes). When we no longer have a business reason for retaining data, we will delete or anonymize it. We retain deleted videos, news and blogs on our servers for a short period in case you wish to reverse the deletion. Once we delete a video, we may not be able to recover it. If you have previously made a video public, the video or its thumbnail may be discoverable in a search engine's cache for a time. If we receive legal process pertaining to your account, we will retain your data for as long as we in good faith believe is necessary to comply with the legal process. Similarly, if we believe that your account has been involved in wrongdoing, we may preserve your data to defend or assert our rights.

Thank you for your cooperation. We hope you find the PatientMD Site helpful and convenient to use! Queries or comments regarding this website should be submitted using our Contact Us Form.

PatientMD Refund Policy

We want to ensure you have a hassle-free experience, where you can confidently avail the best deals. But in case you are not satisfied with our products and services, then a certain refund and cancellation policies will apply. Please read all refund and cancellation related policies carefully before buying a deal.

PatientMD guidelines for refund & cancellation policy for partners:

PatientMD is software platform to make it easy for our partners in healthcare service providers to provide healthcare services and products. As such, the cancellation of services and product orders are established by PatientMD partners within the guidelines set by PatientMD. The refund policy of individual product or service is set for every deal on PatientMD marketplace and agreed on by the customer before the product and service is bought.

PatientMD partner services cancellation guidelines:

PatientMD encourages its’ partners to allow the customer can cancel the order for the service until the respective business provides the service. For example, our partner providing diagnostic services can establish that the customer can cancel the order for a medical test until the collection of the sample.

PatientMD encourages its’ partners to allow cancellation of any appointment a certain number days prior to an appointment. However, the business partner has complete discretion to set the no-cancellation window for a particular type of deals. The cancellation policy is mentioned as a part of the deal. For cases where cancellation occurs within the no-cancellation window, the business has 7 working days to make a decision to refund or else PatientMD will automatically refund the amount to the customer.

Customers applying for serial or repeated refunds may be blocked from making further purchases. PatientMD shall not be responsible in case communication is not received by the customer due to incomplete address given by the individual.

No cancellation charges shall be levied for cancellation of an order in accordance with the terms of this policy.

Payment Policy
  • All services offered by PatientMD partners are offered on a fixed/flat fee basis and are not subject to any deductions or negotiations.
  • For all services, the payments may be made through cheque, credit card, debit card, or e- banking.
  • The said information shall not be utilized and shared by PatientMD with any of the third parties unless required by law, regulations, or court order.

If you have any questions related to refund or cancellation, please contact our customer care desk at +1-888-448-9495 (USA)/ +91-9051-057337 (India).

PatientMD Returns Policy

We appreciate your business and are committed to providing the highest level of quality and service. At PatientMD, we strive to ensure your orders are delivered as per your satisfaction. PatientMD is software platform to make it easy for our partners in healthcare service providers to provide healthcare services and products. As such, the return of the product orders is established by PatientMD partners within the guidelines set by PatientMD. The return policy of individual product is set for every deal on PatientMD marketplace and agreed on by the customer before the product and service is bought.

PatientMD returns policy guidelines for PatientMD Partners

However, in the rare event that your order is unsatisfactory, our partners are happy to accept returns for orders. We have set up the following guidelines for our partners for returns.

  • you've received an item(s) that does not match your order
  • the item(s) were damaged in transit or shortage (delivery of such order to be refused at doorstep)
  • the item(s) is due to expire within three months where the shelf life of the item is more than three months
  • the patient has developed any allergies after taking the medication and the doctor has prescribed another medicine, the medicines can be returned within thirty (30) days from the date of delivery. (New prescription of the doctor(s) to be attached in such cases.)
  • Customers are eligible to return their goods automatically within 30 working days that will be predefined as per the respective business. After the completion of 30 working days, the customer(s) are not eligible for an automated return, it has to be done manually.

Note: If you notice the package is damaged at the time of delivery, please do not accept the order. If you could not check the order at the time of delivery, and the package is damaged at the time of delivery, raise a return request within 24 hours of delivery by calling us at +1-888-448-9495 (USA)/ +91-9051-057337 (India). Replacement for the damaged item(s) is subject to the availability of stock. In absence of a replacement, a refund will be processed and the amount will be credited back to your account within 10 working days. Customers requesting serial or repeated refunds may be blocked from making further purchases. It is at the sole discretion of our business partner posting the deal whether to opt for an exchange or refund.

Returns are subject to the following conditions:

  • Items being returned should only be in their original manufacturer's packaging i.e. with labels, bar-code.
  • Only fully unused strips/bottles can be returned
  • Batch number of the product being returned should match as mentioned on the sales invoice
  • The original sales invoice has to be returned for processing returns and refunds.
  • Returns are subjected to the validation of genuine reason(s).
  • Customers requesting serial or repeated refunds may be blocked from making further purchases.

We do not accept returns in the following scenarios:

  • Partially used strips, opened bottles cannot be returned.
  • Products which require specific storage conditions (temperature controlled) cannot be returned (vials, injections, vaccines, pen fills, etc)
  • Products that have expired post-purchase.
  • The second-time request against the same product/order.
  • Returns on implantable medical devices are not applicable.

Return Process:

If your order is suitable for a return based on the conditions mentioned above, you can raise a request within thirty (30) days from the date of delivery. For details on how to contact us for a return, please visit our official website. Our 24*7 customer service will be glad to assist you through the process. Please note that all returns are reviewed for eligibility. All refunds are subject to the verification and review by our partners returns team.

Refunds for Lab Services:

Our focus is on complete customer satisfaction. In the event, if you are displeased with the services provided or we are unable to provide the service, we will refund back the money, provided the reasons are genuine and proved after the investigation. In case of dissatisfaction from services provided by our lab partners, customers have the liberty to cancel the booking before the test or start of the home visit for sample collection. However, no refund shall be admissible after the test has been completed. In case of any grievances with regards to the service provided by lab partners, customers are encouraged to speak to the concerned person at the lab. Though, PatientMD shall provide full assistance for coordination with the labs.

Returns and Refunds for Third Party Affiliate Orders:
Return and refund requests for orders placed by our third-party affiliates will be addressed by the respective affiliate. Please contact them for any claim that may arise. PatientMD will not be liable for refunds for the payments initiated through third-party affiliates.


General

1. Manufacturer Warranty (where applicable for devices/instruments) - If the returns of the products are arising from a warranty provided by the manufacturer, please direct your returns to the manufacturer. PatientMD takes no responsibility for the warranties provided by the manufacturer and such products do not fall within the ambit of the return policy.

2. Liability- Maximum liability for any willful delay caused by PatientMD, shall be limited to the actual sale consideration received by PatientMD or the amount refundable to customers, whichever may be lesser.



Governing Law. This agreement shall be governed by the laws of the State of Illinois.


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