YOU UNDERSTAND THAT BY CHECKING THE "AGREE" BOX WHEN SUBMITTING A REQUEST FOR TELEMEDICINE SERVICE THROUGH THE SITE: (1) YOU AGREE TO THE TERMS AND CONDITIONS OF THIS CONSENT TO TELEHEALTH IN THEIR ENTIRETY; AND (2) THIS CONSENT TO TELEHEALTH FORMS A BINDING CONTRACT BETWEEN YOU AND LIFEMD™ REGARDING THE SUBJECT MATTER HEREOF.
All capitalized terms used in this Consent to Telehealth but not defined herein shall have the meanings assigned to them in the LifeMD™ Terms and Conditions. For avoidance of any doubt, the terms "LifeMD™," "we,", "us" or "our" refer to LifeMD, Inc, and the terms “user,” "you" and "yours" refer to the individual using the Telemedicine Services.
The Telemedicine Services featured on the Site involve the delivery of healthcare services using electronic communications, information technology and/or other remote means of communication between a third-party Healthcare Provider and a user who are not in the same physical location. The Telemedicine Services may be used for diagnosis, treatment, referral, follow-up and/or user education, and may include, but are not limited to:
- Electronic transmission of medical records, photo images, personal health information and/or other data between a patient and a Healthcare Provider;
- Interactions between a user and Healthcare Provider via audio, video and/or other means of communication; and
- Use of output data from medical devices, sound files, and video files.
The electronic systems used in connection with the Telemedicine Services made available by and through the Site will incorporate network and software security protocols to help ensure the protection of the privacy and security of health information and imaging data.
Possible Risks Associated with the Telemedicine Services
The virtual primary care offered by third-party healthcare providers through the Site is not a substitute for all primary care that a User may require, nor is it a replacement for specialized care that a User may need because of a particular health condition(s). Your non-Site physician(s) and other medical providers may offer or recommend follow-up visits and specialized care, as appropriate, and Users should not disregard or ignore such offers and recommendations.
Please be advised that LifeMD™ does not itself offer the Telemedicine Services made available by third-party Healthcare Providers via the Site Offerings. The nature and substance of the advice, care, treatment recommendations, referrals, and/or prescription(s) made available by third-party Healthcare Providers via the Telemedicine Services will be determined by the applicable Healthcare Provider(s). You understand and agree that LifeMD™ shall not be liable to you or any third party for any medical services and/or medications provided or prescribed by any third-party Healthcare Provider(s) by and/or through use of the Telemedicine Services.
In addition to, and without limiting, the foregoing, please be aware of the following risks associated with use of the Telemedicine Services:
- Information transmitted to your Healthcare Provider(s) via the Telemedicine Services may not in every case be sufficient to allow for appropriate medical decision-making by the applicable Healthcare Provider(s).
- The inability of your Healthcare Provider(s) to conduct certain tests or assess vital signs in-person may, in some cases, prevent the Healthcare Provider(s) from making accurate diagnoses, providing appropriate treatments, or identifying the need for emergency medical care or treatment.
- Your Healthcare Provider may not be able to provide all of the necessary medical treatment for your particular condition via the Telemedicine Services, in which case you should rely on alternative and/or specialized medical care.
- Delays in medical evaluation/treatment may occur due to unexpected failures in technology associated with providing the Telemedicine Services.
- Although security protocols and safeguards associated with the Telemedicine Services are carefully designed to protect data privacy consistent with legal requirements, such protocols and safeguards may fail, causing a breach in data privacy.
- Your healthcare providers’ treatment options may be limited by regulatory requirements in certain States.
By agreeing to this Consent to Telehealth, you acknowledge that you understand, and agree to, the following:
- You have read this Consent to Telehealth thoroughly, and you understand the risks and limitations associated with the medical care and treatment provided through Telemedicine Services.
- You hereby provide your informed consent to the use of Telemedicine Services by the participating Healthcare Providers in connection with your medical care.
- You understand that Telemedicine is unlikely to be a substitute for all medical care you currently or may in the future receive otherwise, including primary and/or specialized care.
- You understand that the Healthcare Providers may determine, in their respective sole discretion, that your medical condition is not suitable for treatment using the Telemedicine Services, and that you may need to seek medical care and treatment in-person or from an alternative source.
- You understand that: (a) the delivery of healthcare services via the Telemedicine Services is an evolving field; (b) the Telemedicine Services may include technology (and uses thereof) that are not specifically described in this Consent to Telehealth; and (c) by agreeing to this Consent to Telehealth, you consent to the uses of those additional technologies.
- You understand that you will have access to all of your health and wellness information pertaining to your use of the Telemedicine Services in accordance with the requirements of applicable laws and regulations.
- You understand that you can withdraw this Consent to Telehealth at any time by emailing LifeMD™ with such instructions; provided, however, that where you withdraw your Consent to Telehealth, you will no longer be able to access or use the Telemedicine Services. Absent such a withdrawal, this Consent to Telehealth will be considered renewed upon each new Telemedicine Services consultation with a participating Healthcare Provider.
- You authorize your Healthcare Provider to share healthcare information relating to or arising out of your Telemedicine Services with other individuals and entities (including LifeMD™) solely as necessary for treatment, healthcare delivery, and payment purposes, consistent with applicable law.