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IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
Ayuda Health’s Site and Services are not for medical emergencies or urgent situations. You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the Site. If you believe you have an emergency, call 9-1-1 immediately.
You should seek emergency help or follow up care when recommended by a LAHP or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a licensed physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.
By using the Services, you acknowledge the potential risks associated with telehealth services. These include but are not limited to the following: information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or health care decision making by the Provider; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of privacy of your health information.
Neither Ayuda Health nor LAHPs on its platform endorse any specific medication, pharmacy, or pharmacologic product. If a LAHP prescribes a medication, he/she will limit supply based upon state regulations and will only prescribe a medication as determined in his/her own discretion and professional judgment. There is no guarantee a prescription will be written. LAHPs do not prescribe DEA controlled substances or scheduled medications, or certain other drugs which may be harmful because of their potential for abuse. LAHPs reserve the right to deny care for actual or potential misuse of the Services.
You agree that any prescriptions that you acquire from a LAHP will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription. Ayuda Health and the LAHPs on its platform fully honor patient freedom of choice and, if you receive a prescription for a medication, you always have the option to instruct the LAHP to transmit that prescription to the pharmacy of your choice.
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. Ayuda Health 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.
Ayuda Health reserves complete and sole discretion with respect to the operation of the Site and the Services. We may withdraw, suspend, or discontinue any functionality or feature of the Site or the Services among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier. We are not responsible for maintaining information arising from use of the Site or with respect to the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site or the Services in accordance with our internal record retention and/or destruction policies.
You agree not to (i) access the Site or use the Services in any unlawful way or for any unlawful purpose; (ii) post or transmit (a) a message under a false name, or (b) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is (1) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (2) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site or the Services; (v) use robots or scripts with the Site; (vi) attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site; (vii) to have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) incorrectly identify the sender of any message transmitted to Ayuda Health. You may not alter the attribution or origin of electronic mail, messages, or posting; (ix) harvest or collect Protected Health Information about any other individual who uses the Site or the Services; (x) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties.
You agree to defend, indemnify, and hold harmless Ayuda Health, the Licensed Authorized Healthcare Professionals (LAHPs) on its platform, its contractors and subcontractors from and against all third-party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by us arising out of any User Information you upload to or transmit through the Site.
Ayuda Health 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 Ayuda Health’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. 1. Identify the copyrighted works that you claim have been infringed. 2. 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. 3. Provide your mailing address, telephone number, and, if available, email address. 4. 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.” 5. Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to our Copyright Agent:
Ayuda Health, Inc.
1000 Brickell Avenue
Suite 715 PMB 5268
Miami FL 33133
Ayuda Health may delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene, or in violation of copyright, trademark, or other intellectual property or ownership right of any other person or entity.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. AYUDA HEALTH 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.
WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD AND DISTRIBUTED BY AYUDA HEALTH ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY AYUDA HEALTH OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.
To be a LAHP using the Site (“you”) you must be a licensed physician, registered nurse, nurse practitioner, or healthcare professional contracted or contracted by and registered with Ayuda Health LLC, and must agree to comply with all laws, medical board rules and other rules and regulations applicable to you as a LAHP or otherwise. Your relationship with the Ayuda Health users is directly between you and the patient. The patient will never have a physician-patient relationship with Ayuda Health. Ayuda Health does not practice medicine and offers no medical or healthcare services. As set forth more fully below, the LAHP is solely responsible for all agreements, consents, notices and other interactions with patients and other consumers.
Ayuda Health does not provide any medical advice, legal advice, or representations in any way regarding any legal or medical issues associated with the LAHP, goods or services offered by the LAHP, including but not limited any compliance obligations or steps necessary to comply with any state or federal laws and regulations. LAHP should seek legal counsel regarding any legal and compliance issues and should not rely on any materials or content associated with the Services in determining LAHP’s compliance obligations under law. LAHP and Ayuda Health agree that Ayuda Health is not providing, to Customer or anyone else, medical advice or legal advice.
LAHP will use the Site and Services only in accordance with applicable standards of good medical practice. While software products such as the Site and Services can facilitate and improve the quality of service that LAHP can offer patients, many factors, including the provider/patient relationship can affect a patient outcome, and with intricate and interdependent technologies and complex decision-making it is often difficult or impossible to accurately determine what the factors were and in what proportion they affected an outcome. LAHP shall be solely responsible for its use of the Site and Services, and the provision of medical services to LAHP’s patients. In this regard, LAHP releases Ayuda Health and waives any and all potential claims against Ayuda Health as a result of LAHP’s use of the Site and Services, and the provision of services to LAHP s patients.
As a result of the complexities and uncertainties inherent in the patient care process, LAHP agrees to defend, indemnify and hold Ayuda Health harmless from any claim by or on behalf of any patient of LAHP, or by or on behalf of any other third party or person claiming damage by virtue of a familial or financial relationship with such a patient, which is brought against Ayuda Health, regardless of the cause if such claim arises for any reason whatsoever, out of LAHP’s use or operation of the Site and Services. To the extent applicable, LAHP will obtain Ayuda Health’s prior written consent to any settlement or judgment in which LAHP agrees to any finding of fault of Ayuda Health or defect in the Site or Services. Ayuda Health will promptly notify LAHP in writing of any claim subject to this indemnification, promptly provide LAHP with the information reasonably required for the defense of the same, and grant to LAHP exclusive control over its defense and settlement.
If you submit, upload, transmit, or post any consents, notices, advice, recommendations, comments, files, videos, images or other materials to us or our Site (“LAHP Content”) or provide any LAHP Content to patients or other consumers, you agree not to provide any LAHP Content that (1) is 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. LAHP is solely responsible for obtaining all necessary agreements and consents from, and providing all required notices to, patients and other consumers. You agree not to contact other users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to Ayuda Health that you have the legal right and authorization to upload all LAHP Content at the Site. Ayuda Health shall have a royalty-free, irrevocable, transferable right and license to use the LAHP Content however Ayuda Health desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such LAHP Content and/or incorporate such LAHP Content into any form, medium or technology throughout the world. Ayuda Health is and shall be under no obligation (1) to maintain any LAHP Content in confidence; (2) to pay to you any compensation for any LAHP Content; or (3) to respond to any LAHP Content.
Ayuda Health does not regularly review LAHP Content but does reserve the right (but not the obligation) to monitor and edit or remove any LAHP Content submitted to the Site. You grant Ayuda Health the right to use the name that you submit in connection with any LAHP Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any LAHP Content. You are and shall remain solely responsible for the content of any LAHP Content you post to the Site or provide to patients or other consumers. Ayuda Health and its affiliates take no responsibility and assume no liability for any LAHP Content submitted by you or any third party.
If you desire to assert a claim against Ayuda Health, and you therefore elect to seek arbitration, you must first send to Ayuda Health, by certified mail, a written notice of your claim (“Notice”). The Notice to Ayuda Health should be addressed to: Ayuda Health 1000 Brickell Avenue, Suite 715 PMB 5268, Miami FL 33131.
YOU AND AYUDA HEALTH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Ayuda Health agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.