TERMS OF USE
Legacy Purchasing Group, LLC/DBA: Legacy Healthcare
Solutions is a reseller of 1.800MD in whom provides telehealth services
offering convenient, private and secure, telephone Medical Consultations,
Bi-directional video consultations, and Secure E-mail Medical Consultations
with a licensed physician, electronic medical record storage, on-line
healthcare information, prescription service and related products, services and
content (collectively the “1.800MD Services”).
Terms of Use. The 1.800MD Services are offered to you under,
and you agree to be bound by, the terms and conditions of their Terms of Use.
We reserve the right to update or change these Terms of Use at any time and for
any reason by posting the modified Terms of Use. Your continued use constitutes
your agreement to be bound by any such revisions and you should therefore
periodically visit this page of the website and print the latest version of the
Terms of Use for your records. The date of the last update to these Terms of
Use is stated at the top of this document.
Use of Services. NOT FOR EMERGENCIES. The 1.800MD Services
are not for use for medical emergencies or urgent situations. IF YOU THINK YOU
HAVE AN EMERGENCY, CALL 911 IMMEDIATELY.
Cost. Plans and prices vary. Please get with Legacy
Purchasing Group, LLC/DBA: Legacy Healthcare Solutions or review what is
actively published on our website.
Medical Disclaimers. 1.800MD makes no warranty as to the
content of any treatment response. You and your physician are solely
responsible for all information and/or communication sent during a
teleconsultation or other communication. 1.800MD does not guarantee that a
teleconsultation is the appropriate course of treatment for your particular
healthcare problem. You agree to contact your physician immediately should your
condition change or your symptoms worsen. If you require urgent care, you
should contact your local emergency services immediately. 1.800MD SCREENS AND
CONFIRMS THE QUALIFICATIONS FOR ALL OF OUR TELEMEDICINE PROVIDERS.
Prescriptions. You agree that any prescriptions that you
acquire through the 1.800MD Services shall be solely for your personal use. You
agree to read fully and carefully all provided product information and labels
and to contact a physician or pharmacist if you have any questions regarding
the prescription.
Educational Resources.Legacy Purchasing Group, LLC/DBA: Legacy Healthcare Solutions
and 1.800MD may send you newsletters regarding common medical and
health-related topics or preventive care messages containing specific medical
and health-related information, links to other related Web sites and specific
questions related to your 1.800MD Record. Additionally, 1.800MD makes available
self-care informational services which provide general medical and health
information. These communications and resources are not comprehensive medical
text and do not include all the potential information regarding the subject
matter. These communications and resources are for general educational and
informational purposes only and should not be relied upon as a substitute for
patient-specific medical diagnosis and treatment or construed, directly or
indirectly, as the practice of medicine or dispensing of medical services by
1.800MD. Such information is not a substitute for seeing an appropriate
healthcare professional for medical treatment. The information contained in
these communications and resources are compiled from a variety of sources and
may or may not be considered authored by 1.800MD. 1.800MD makes no warranty as
to the content of these materials or the information contained therein.
Your Account. You represent and warrant that you are at
least eighteen years of age and that you possess the legal right and ability to
enter into this Terms of Use, register on the 1.800MD Services under your own
name and to use the 1.800MD Services in accordance with this Terms of Use and
abide by the obligations hereunder. You are solely responsible for maintaining
the confidentiality of your password, and for all activities that occur under
your password. You agree to prohibit anyone else from using your password and
immediately notify 1.800MD of any unauthorized use of your password or other
security concerns of which you become aware.
Intellectual Property. 1.800MD hereby grants you a limited,
revocable, non-transferable and non-exclusive license limited solely to viewing
or downloading a single copy of the material on the 1.800MD web site and to use
the 1.800MD software to the extent necessary to use the 1.800MD Services solely
for your personal, noncommercial use. With the exception of your Medical
Records, 1.800MD retains all right, title and interest in and to 1.800MD, the
1.800MD Services and any content, products, documentation, software or other
materials on the 1.800MD web site, and any patent, copyright, trade secret,
trademark, service mark or other intellectual property or proprietary right in
any of the foregoing. The information available through the 1.800MD Services is
the property of 1.800MD. You agree not to reproduce, retransmit, distribute,
disseminate, sell, publish, broadcast, or circulate the information owned by
1.800MD received through the 1.800MD Services to anyone, including but not
limited to others in your organization. Use, reproduction, copying, or
redistribution of 1.800MD’s logos is strictly prohibited without written
permission from 1.800MD.
Legal Notices and Disclaimers.
• General Disclaimers. YOU ACKNOWLEDGE THAT YOUR USE OF THE
1.800MD SERVICES IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY
FOR ALL RISK ASSOCIATED THEREWITH. ALL INFORMATION, PRODUCTS OR SERVICES
CONTAINED ON OR PROVIDED THROUGH THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT ANY
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE
UNDER APPLICABLE LAW 1.800MD AND ITS SHAREHOLDERS, AFFILIATES, DIRECTORS,
OFFICERS, MANAGERS, EMPLOYEES OR OTHER REPRESENTATIVES (COLLECTIVELY, “AFFILIATES”)
HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND
FREEDOM FROM COMPUTER VIRUS STRAINS. WITHOUT LIMITING THE FOREGOING, 1.800MD
AND ITS AFFILIATES MAKE NO WARRANTY AS TO THE RELIABILITY, ACCURACY,
TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE 1.800MD
PRODUCTS AND SERVICES PROVIDED HEREUNDER.
• 1800MD MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT: THE
SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON
PRESCRIPTION DRUG PRODUCTS; OR ANY TREATMENT, ACTION OR APPLICATION OR
PREPARATION OF MEDICATION BASED ON INFORMATION OFFERED OR PROVIDED THROUGH THE
1.800MD SERVICES.
• Limitation of Liability. IN NO EVENT SHALL 1.800MD NOR ANY
OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF (i) THE
PURCHASE PRICE FOR THE PRODUCT, OR (ii) IN THE EVENT NO PURCHASE PRICE WAS PAID
OR REQUIRED. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT
SHALL 1.800MD NOR ANY OF ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, PUNITIVE,
INDIRECT, INCIDENTIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO
PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF
SERVICE OR LOSS OF DATA, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT
(INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO
USE, THIS WEB SITE OR ANY SERVICE OFFERED THROUGH THIS WEB SITE OR ANY MATERIAL
OR INFORMATION CONTAINED IN, ACCESSED THROUGH, OR PRODUCTS PURCHASED ON THIS
WEB SITE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF 1.800MD IS ADVISED OF THE
LIKELIHOOD OR POSSIBILITY OF THE SAME. TO THE EXTENT CERTAIN JURSIDICTIONS
RESTRICT ANY OF THE ABOVE LIMITATIONS OF LIABILITY; SUCH LIMITATIONS SHALL NOT
APPLY IN SUCH JURISDICTIONS TO THE EXTENT OF SUCH RESTRICTIONS.
Privacy. 1.800MD respects your privacy and takes privacy
very seriously. By accepting this Terms of Use, you consent to the use and
disclosure of personally identifiable information provided to us as outlined in
our Privacy Policy, which is incorporated herein by reference.
Electronic Medical Record. Your 1.800MD Electronic Medical
Record is created to store your personal health information online, including
health conditions, allergies, and medications. Any information provided as part
of a teleconsultation becomes part of your 1.800MD Record. You agree to provide
accurate information for your 1.800MD Record, to periodically review such
information and to update such information as needed. For additional
information regarding use of your 1.800MD Record, please see our Privacy
Policy. It is your responsibility to confirm any third-party information in
your 1.800MD Health Record.
General Legal Provisions.
• Third Party Sites. Although Legacy Purchasing Group,
LLC/DBA: Legacy Healthcare Solutions and the 1.800MD site may include links
providing direct access to third-party Internet sites as a convenience, the
inclusion of a link does not imply endorsement of the linked site by 1.800MD.
1.800MD takes no responsibility for the content or information contained on
those other sites, and does not exert any editorial or other control over those
other sites. Nor does 1.800MD take responsibility for the privacy policies and
practices of these third-party links.
• Operation and Record Retention. 1.800MD reserves complete
and sole discretion with respect to the operation of the 1.800MD Services.
1.800MD may, among other things withdraw, suspend, or discontinue any
functionality or feature of the 1.800MD Services. 1.800MD is not responsible
for transmission errors or corruption or compromise of data carried over local
or interchange telecommunication carriers. 1.800MD is not responsible for maintaining
data arising from use of the 1.800MD Services. 1.800MD reserves the right to
maintain, delete or destroy all communications and materials posted or uploaded
to the 1.800MD Service pursuant to its internal record retention and/or
destruction policies.
• Limitations on Use. You agree not to access or use the
1.800MD Services in an unlawful way or for any unlawful purpose. You agree not
to post or transmit: (a) a message under a false name; or (b) any information
which (i) is libelous, defamatory, obscene, fraudulent, false or contrary to
the ownership or intellectual property rights of any other person, or (ii)
contains any virus, worm, Trojan horse or other code which is contaminating or
destructive to the files or programs of 1.800MD or any of its affiliates.
1.800MD reserves the right to delete any information provided by you that it
deems in its sole discretion fraudulent, abusive, defamatory, and obscene or in
violation of a copyright, trademark or other intellectual property or ownership
right of any other person.
• YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS LEGACY
PURCHASING GROUP LLC/DBA LEGACY HEALTHCARE SOLUTIONS, 1.800MD AND ITS OTHER
AFFILIATES FROM AND AGAINST ALL LOSSES, LIABILITY, EXPENSES, DAMAGES AND COSTS,
INCLUDING REASONABLE ATTORNEY’S FEES, ARISING OUT OF OR RELATED TO ANY BREACH
OF THIS TERMS OF USE, YOUR RELATIONSHIP WITH A 1.800MD PHYSICIAN, ANY NEGLIGENT
OR WRONGFUL ACTION OR OMISSION BY YOU RELATED TO YOUR USE OF OR PROVIDING OF
SERVICES THROUGH 1.800MD, OR ANY NEGLIGENT OR WRONGFUL USE OF THE 1.800MD
SERVICES (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF THIRD PARTY
INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY
OTHER PERSON ACCESSING YOUR ACCOUNT.
• Third Party Rights. The indemnification provisions set
forth above and the provisions under Section 3 Legal Notices and Disclaimers
are for the benefit of Legacy Purchasing Group, LLC/DBA: Legacy Healthcare
Solutions, 1.800MD, and its other Affiliates. Each of these individuals or
entities shall have the right to assert and enforce those provisions directly
against you on its own behalf.
• Term and Termination. This Terms of Use shall commence
upon the date you complete the registration process with 1.800MD. Either you or
1.800MD may terminate this Terms of Use and your right to use the 1.800MD
Services at any time, with or without cause. This Terms of Use and the licenses
granted hereunder shall terminate without notice in the event you (or any
authorized person using your account) fail to comply with the terms and
conditions of this Terms of Use, or the rules for use of the 1.800MD Service
promulgated by 1.800MD from time to time. Upon any termination, you will
destroy all copies of 1.800MD materials in your possession and cease any access
to or use of the 1.800MD Services.
• Legacy Purchasing Group LLC/DBA: Legacy Healthcare
Solutions and/or 1.800MD may provide notice by e-mail to the e-mail address you
provided during the registration, by a general notice on the 1.800MD Web site,
or by written communication delivered by first class U. S. mail or express
courier to your address on record in the 1.800MD account information. You may
give notice to Legacy Purchasing Group, LLC/DBA: Legacy Healthcare Solutions
and/or 1.800MD at any time via electronic mail to info@legacy-hc.com or
support@1800md.com or by letter delivered by first class postage prepaid U. S.
mail or overnight courier to 1.800MD, 6408 Bannington Rd, Charlotte, NC 28226.
• The provisions of this Terms of Use are severable, and in
the event any provision hereof is determined to be invalid or unenforceable,
such invalidity or unenforceability shall not affect the validity or
enforceability of the remaining provisions, but such provision shall be
reformed, if reasonably possible, only to the extent necessary to make it
enforceable.
• Entire Agreement. This Terms of Use, together with any
1.800MD rules or policies referred to herein, represents the complete agreement
between you, Legacy Purchasing Group, LLC/DBA: Legacy Healthcare Solutions and
1.800MD concerning the subject matter hereof, and it replaces all prior oral or
written communications concerning such subject matter. Legacy Purchasing Group,
LLC/DBA: Legacy Healthcare Solutions. may modify this Terms of Use as set forth
above.
• You may not assign, transfer or delegate this Terms of Use
or any part of it without Legacy Purchasing Group LLC/DBA: Legacy Healthcare
Solutions’ prior written consent. Legacy Purchasing Group, LLC/DBA: Legacy
Healthcare Solutions may freely transfer, assign or delegate all or any part of
this Terms of Use, and any rights and duties hereunder. This Terms of Use will
be binding upon and inure to the benefit of the heirs, successors and permitted
assignees of the parties.
• Failure to exercise or delay in exercising any right
hereunder, or failure to insist upon or enforce strict performance of any
provision of this Terms of Use, shall not be considered waiver thereof, which
can only be made by signed writing. No single waiver shall be considered a
continuing or permanent waiver.
• Governing Law. This Terms of Use shall be governed by and
construed in accordance with the laws of the State of North Carolina without
giving effect to any choice of law rules or principles. Any cause of action or
claim you may have with respect to Legacy Purchasing Group, LLC/DBA: Legacy
Healthcare Solutions or 1.800MD must be commenced within one (1) year after it
arises, except to the extent such limitation is not enforceable. To the fullest
extent permitted by law, each party to this Terms of Use waives its or his or
her right to a jury trial with respect to any dispute or other controversy
arising from hereunder or your use of or access to the 1.800MD Services or web
sites of 1.800MD or Legacy Purchasing Group, LLC/DBA: Legacy Healthcare
Solutions.
Protecting Children. 1.800MD is designed and intended for
use by adults. It is not intended for, nor designed to be used by children
under the age of eighteen. A parent or guardian, however, may use 1.800MD on
behalf of a minor child. The parent or guardian assumes full responsibility for
ensuring that the authentication information is kept secure, and that the
information submitted is accurate.