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TERMS OF USE







Last revised October, 2015

MDLIVE, INC TERMS OF USE

These terms and conditions of use (“Terms of Use”) govern your use of our online
interfaces and properties (e.g., websites and mobile applications) owned and
controlled by MDLIVE, INC. (“MDLIVE”), including the www.mdlive.com website (the
“Site”) and the services available to users through the Site (“Services”). Your
compliance with these Terms of Use is a condition to your use of the Site. If
you do not agree to be bound by the Terms of Use, promptly exit this Site.
Please also consult our Privacy Policy for a description of our privacy
practices and policies, including how we collect and handle your personal health
information and financial information.

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.

MDLIVE does not provide any physicians’ or other providers’ services itself. All
of the providers are independent of MDLIVE and use the Service as a way to
communicate with you. Any information or advice received from a provider comes
from them alone, and not from MDLIVE. Your interactions with the providers via
the Service are not intended to take the place of your relationship with your
regular health care practitioners. Neither MDLIVE, nor any of its subsidiaries
or affiliates or any third party who may promote the Service or provide a link
to the Service, shall be liable for any professional advice obtained from a
health care provider via the Service or for any other information obtained on
the website. MDLIVE does not endorse any specific tests, physicians,
medications, products or procedures that are recommended by providers that may
use MDLIVE to communicate with you. You acknowledge that your reliance on any
healthcare providers or information provided by the providers via the Service is
solely at your own risk and you assume full responsibility for all risk
associated herewith.

MDLIVE does not make any representations or warranties about the training or
skill of any healthcare providers who provide services via the Service. You will
be provided with a list of available providers located in the U. S. based solely
on the information you, your employer or your plan sponsor provides to MDLIVE.
You are ultimately responsible for choosing your particular healthcare provider.

1. Ownership Of The Site And Related Materials

All pages within this Site and any material made available for download are the
property of MDLIVE, or its licensors or suppliers, as applicable. The Site is
protected by United States and international copyright and trademark laws.

2. Electronic Communications

When you use any MDLIVE Service, or send e-mails, text messages, and other
communications from your desktop or mobile device to us, you are communicating
with us electronically. You consent to receive communications from us
electronically. You agree that (a) all agreements and consents can be signed
electronically and (b) all notices, disclosures, and other communications that
we provide to you electronically satisfy any legal requirement that such notices
and other communications be in writing.

Short code messaging related information as follows:

1. When you opt-in to the service, we will send you an SMS message to confirm
your signup.

2. After scheduling a consultation on MDLIVE, you will receive SMS messages with
regards to your consultation status.

3. You can cancel the SMS service at any time. Just text “STOP” to the short
code. After you send the SMS message “STOP” to us, we will send you an SMS
message to confirm that you have been unsubscribed. After this, you will no
longer receive SMS messages from us. If you want to join again, just sign up as
you did the first time and we will start sending SMS messages to you again.

4. If at any time you forget what keywords are supported, just text “HELP” to
the short code. After you send the SMS message “HELP” to us, we will respond
with instructions on how to use our service as well as how to unsubscribe.

5. We are able to deliver messages to the following mobile phone carriers: Major
carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular,
Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska
Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular,
Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania,
Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross,
Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden
State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular,
Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC
Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle
Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP
Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless,
and West Central (WCC or 5 Star Wireless). ***Carriers are not liable for
delayed or undelivered messages***

6. As always, message and data rates may apply for any messages sent to you from
us and to us from you. You will receive varied frequency of messages. If you
have any questions about your text plan or data plan, it is best to contact your
wireless provider. For all questions about the services provided by this short
code, you can send an email to prodsupport@mdlive.com.

7. If you have any questions regarding privacy, please read our privacy policy:
https://www.mdlive.com/privacy-policy

3. Site Access, Security and Restrictions; Passwords

If you create a subscriber account for the MDLIVE Site, you agree to complete
the registration process by providing current, complete, and accurate
information as required by MDLIVE. You are responsible for all activities that
occur under your account. In the event access to the Site or a portion thereof
is limited requiring a user ID and password (“Protected Areas”), you agree to
access Protected Areas using only your user ID and password as provided to you
by MDLIVE. You agree to protect the confidentiality of your user ID and
password, and not to share or disclose your user ID or password to any third
party. You agree that you are fully responsible for all activity occurring under
your user ID. Your access to the Site may be revoked by MDLIVE at any time with
or without cause.

You are prohibited from violating or attempting to violate the security of the
Site, including, without limitation, (a) accessing data not intended for such
user or logging onto a server or an account which the user is not authorized to
access; or (b) attempting to probe, scan or test the vulnerability of a system
or network or to breach security or authentication measures without proper
authorization; or (c) accessing or using the Site or any portion thereof without
authorization, in violation of these Terms of Use or in violation of applicable
law. If you are under 18, you may use the MDLIVE Services only with involvement
of a parent or guardian.

You may not use any scraper, crawler, spider, robot or other automated means of
any kind to access or copy data on the Site, deep-link to any feature or content
on the Site, bypass our robot exclusion headers or other measures we may use to
prevent or restrict access to the Site.

Violations of system or network security may result in civil or criminal
liability. MDLIVE will investigate occurrences that may involve such violations
and may involve, and cooperate with, law enforcement authorities in prosecuting
users who are involved in such violations. You agree not to use any device,
software or routine to interfere or attempt to interfere with the proper working
of this Site or any activity being conducted on this Site.

4. No Medical Advice or Services

MDLIVE Medical Group provides the clinical services for MDLIVE, Inc. MDLIVE
Medical Group is an independent, physician-owned medical group with a national
network of United States based providers who provide clinical telehealth
services. The MDLIVE Medical Group provides clinical services via the MDLIVE,
Inc. platform to customers of MDLIVE, Inc.

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.

THE CONTENT OF THE SITE AND THE SERVICES, INCLUDING WITHOUT LIMITATION, TEXT,
COPY, AUDIO, VIDEO, PHOTOGRAPHS, ILLUSTRATIONS, GRAPHICS AND OTHER VISUALS, IS
FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL MEDICAL
ADVICE, DIAGNOSIS, TREATMENT OR RECOMMENDATIONS OF ANY KIND. YOU SHOULD ALWAYS
SEEK THE ADVICE OF YOUR QUALIFIED HEATH CARE PROFESSIONALS WITH ANY QUESTIONS OR
CONCERNS YOU MAY HAVE REGARDING YOUR INDIVIDUAL NEEDS AND ANY MEDICAL
CONDITIONS. ALL INFORMATION PROVIDED BY MDLIVE OR IN CONNECTION WITH ANY
COMMUNICATIONS SUPPORTED BY MDLIVE, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS
WITH MDLIVE MEDICAL EXPERTS IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES
ONLY, AND IS IN NO WAY INTENDED TO CREATE A PHYSICIAN – PATIENT RELATIONSHIP AS
DEFINED BY STATE AND FEDERAL LAW. THE SITE AND SERVICES ARE NOT A SUBSTITUTE FOR
PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT. RELIANCE ON ANY INFORMATION
APPEARING ON THE SITE, WHETHER PROVIDED BY MDLIVE, ITS CONTENT PROVIDERS,
MEDICAL EXPERTS, CLIENTS, VISITORS TO THE SITE OR OTHERS, IS SOLELY AT YOUR OWN
RISK. WHILE MDLIVE FACILITATES YOUR SELECTION OF, COMMUNICATIONS WITH AND OTHER
INTERACTIONS WITH PHYSICIANS, MDLIVE DOES NOT PROVIDE MEDICAL SERVICES AND THE
DOCTOR-PATIENT RELATIONSHIP IS BETWEEN YOU AND THE HEALTHCARE PROVIDER YOU
SELECT. ALL HEALTHCARE PROVIDERS IDENTIFIED OR ACCESSIBLE ON THE SITE ARE
INDEPENDENT PROVIDERS AND ARE NOT EMPLOYED BY OR AFFILIATED WITH MDLIVE.

5. License And Access

Subject to your compliance with these Terms of Use and your payment of any
applicable fees, MDLIVE or its content providers grant you a limited,
non-exclusive, non-transferable, non-sub-licensable license to access and make
personal and non-commercial use of the MDLIVE Services. This license does not
include any resale or commercial use of any MDLIVE Service, or its contents; any
collection and use of any service listings, descriptions, or prices; any
derivative use of any MDLIVE Service or its contents; any downloading, copying,
or other use of account information for the benefit of any third party; or any
use of data mining, robots, or similar data gathering and extraction tools. All
rights not expressly granted to you in these Terms of Use are reserved and
retained by MDLIVE or its licensors, suppliers, publishers, rights holders, or
other content providers. No MDLIVE Service, nor any part of any MDLIVE Service,
may be reproduced, duplicated, copied, sold, resold, visited, or otherwise
exploited for any commercial purpose without express written consent of MDLIVE.
You may not frame or utilize framing techniques to enclose any trademark, logo,
or other proprietary information (including images, text, page layout, or form)
of MDLIVE without express written consent. You may not use any meta tags or any
other “hidden text” utilizing MDLIVE’s name or trademarks without the express
written consent of MDLIVE. You may not misuse the MDLIVE Services. You may use
the MDLIVE Services only as permitted by law. The licenses granted by MDLIVE
terminate if you do not comply with these Terms of Use.

The Contents of the Site, including without limitation the files, documents,
text, photographs, images, audio, and video, and any materials accessed through
or made available for use or download through this Site (“Content”) may not be
copied, distributed, modified, reproduced, published or used, in whole or in
part, except for purposes authorized or approved in writing by MDLIVE. You may
not frame or utilize framing techniques to enclose, or deep linking to, any
name, trademarks, service marks, logo, Content or other proprietary information
(including; images, text, page layout, or form) of MDLIVE without our express
written consent.

6. Accuracy and Integrity of Information

Although MDLIVE attempts to ensure the integrity and accurateness of the Site,
it makes no representations, warranties or guarantees whatsoever as to the
correctness or accuracy of the Site and Content thereon. It is possible that the
Site could include typographical errors, inaccuracies or other errors, and that
unauthorized additions, deletions and alterations could be made to the Site by
third parties. In the event that an inaccuracy arises, please inform MDLIVE so
that it can be corrected. Information contained on the Site may be changed or
updated without notice. Additionally, MDLIVE shall have no responsibility or
liability for information or Content posted to the Site from any non-MDLIVE
affiliated third party.

7. Links to Other Sites

MDLIVE makes no representations whatsoever about any other website that you may
access through this Site. When you access a non-MDLIVE site, please understand
that it is independent from MDLIVE, and that MDLIVE has no control over the
Content on that website. In addition, a link to a non-MDLIVE website does not
mean that MDLIVE 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.

8. User Information

If you submit, upload, post or transmit any health information, medical history,
conditions, problems, symptoms, personal information, consent forms, agreements,
requests, comments, ideas, suggestions, information, files, videos, images or
other materials to us or our Site (“User Information”), you agree not to provide
any User Information that (1) is false, inaccurate, defamatory, abusive,
libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic,
or harmful, or that could encourage criminal or unethical behavior, (2) violates
or infringes the privacy, copyright, trademark, trade dress, trade secrets or
intellectual property rights of any person or entity, or (3) contains or
transmits a virus or any other harmful component. You agree not to contact other
site users through unsolicited e-mail, telephone calls, mailings or any other
method of communication. You represent and warrant to MDLIVE and its Providers
that you have the legal right and authorization to provide all User Information
to MDLIVE and its Providers for use as set forth herein and required by MDLIVE
and the Provider.

9. 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.

MDLIVE respects the intellectual property rights of others and expects its users
to do the same. In accordance with the Digital Millennium Copyright Act
(“DMCA”), we will respond promptly to notices of alleged infringement that are
reported to MDLIVE’s Designated Copyright Agent, identified below.

Notices of Alleged Infringement for Content 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 a
notice (“Notice”) 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 Notice:
   “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 Notice 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 Notice, with all items completed, to legal@mdlive.com.

10. Disclaimer of Warranties

MDLIVE DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED
OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE,
INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED
SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. MDLIVE DOES
NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED
THROUGH THE SITE.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED
SERVICES, AND LINKED WEBSITES. MDLIVE DOES NOT WARRANT THAT FILES AVAILABLE FOR
DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE
PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO
SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

11. Limitation of Liability Regarding Use of Site

MDLIVE AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY,
PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE
RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF
OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR
INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED
ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION
WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING
THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING
LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF MDLIVE TO
YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $1000 (ONE THOUSAND DOLLARS).

12. Dispute Resolution.

MDLIVE will try work in good faith to resolve any issue you have with Site,
including services ordered or purchased through the Site, if you bring that
issue to the attention of our customer service department. However, we realize
that there may be rare cases where we may not be able to resolve an issue to a
customer’s satisfaction. In the event we cannot resolve a dispute between us,
you agree that all matters related to any use or access of the Site, the
Services or any other MDLIVE site will be governed by the laws of the State of
Florida, without regard to its conflicts of laws rules. You hereby waive any
objections to such jurisdiction or venue. Any claims or controversies arising
out of this Agreement, and/or the related use and access of the Site, the
Services or any other MDLIVE site, shall be exclusively in the state courts of
the Seventeenth Judicial Circuit in Broward County, Florida.

13. Force Majeure

We will not be deemed to be in breach of these terms or liable for any breach of
these terms or our privacy policy due to any event or occurrence beyond our
reasonable control, including without limitation, acts of God, terrorism, war,
invasion, failures of any public networks, electrical shortages, earthquakes or
floods, civil disorder, strikes, fire or other disaster.

14. Indemnity

You agree to defend, indemnify and hold MDLIVE harmless from and against all
third party claims, damages and expenses (including reasonable attorneys’ fees)
against or incurred by MDLIVE arising out of your breach of these Terms of Use
or violation of applicable law, or access by anyone accessing the Site using
your user ID and password. Notwithstanding the foregoing or anything to the
contrary herein, MDLIVE shall only exercise its rights in this Section after
addressing applicable claims with Your employer or health plan should you be
accessing the Site or Services through your employer or health plan

15. Right to Modify Revisions; General

MDLIVE reserves the right to modify these Terms of Use at any time, effective
upon posting. Any use of this website after such changes will be deemed an
acceptance of those changes. You agree to review the Terms of Use each time you
access this website so that you may be aware of any changes to these Terms.
MDLIVE uses Google Analytics, a third-party tracking service, which uses cookies
to track non-personal identifiable information about our visitors to our main
site in the aggregate to capture usage and volume statistics. MDLIVE has no
access to or control over these cookies. The companion Privacy Policy covers the
use of cookies by MDLIVE only and does not cover the use of cookies by any
third-party. MDLIVE reserves the right, in its sole discretion, to terminate
your access to all or part of this Site, with or without cause, and with or
without notice. In the event that any of the Terms of Use are held by a court or
other tribunal of competent jurisdiction to be unenforceable, such provisions
shall be limited or eliminated to the minimum extent necessary so that these
Terms of Use shall otherwise remain in full force and effect. These Terms of Use
constitute the entire agreement between MDLIVE and you pertaining to the subject
matter hereof. In its sole discretion, MDLIVE may from time-to-time revise these
Terms of Use by updating this posting. You should, therefore, periodically visit
this page to review the current Terms of Use, so you are aware of any such
revisions to which you are bound. Certain provisions of these Terms of Use may
be superseded by expressly designated legal notices or terms located on
particular pages within this Site.








 * COMPANY
   
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 * PATIENTS
   
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 * BUSINESSES
   
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    * Resellers and TPAs
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    * Become a Provider

 * LEGAL
   
    * Terms of Use
    * Privacy Policy
    * MDLIVE Medical Group Informed Consent
    * Disclaimer
    * ADA Policy
    * Notice of Non-Discrimination
    * Compliance Hotline

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Copyright © 2022 MDLIVE Inc. All Rights Reserved. Copyright © 2022 MDLIVE
Medical Group, PA. All Rights Reserved.
MDLIVE Medical Group, PA provides the clinical services for MDLIVE. MDLIVE
Medical Group, PA is an independent entity. For more information, please click
here.
® MDLIVE is a registered trademark of MDLIVE Inc., All Rights Reserved.