The SwiftMD application and platform (“Applications”), including the website and personal health record program located at apps.swiftmd.com (“Website”) are owned and operated by Telemedicine Management, Inc., a Delaware corporation (“TMI”, “we”, or “us”).
These Applications provide patients with direct access to physicians and physician groups, including Swift Medical Group LLC, TMI Medical Group P.C., TMI Medical Group of NJ, P.C., SMD Medical Group of TX, P.A., TMI Medical Group of CA, P.C., TMI Medical Group of AK, P.C. (“Physicians”) for consultations, assessments, and treatment using real time interactive video and audio conferencing technology (commonly referred to as “telemedicine technologies”).
IF YOU HAVE A MEDICAL EMERGENCY,
IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911
THE APPLICATIONS ENABLE COMMUNICATION WITH A PHYSICIAN FOR THAT PHYSICIAN TO DIAGNOSE AND TREAT REGISTERED USERS IF APPROPRIATE UNDER THE CIRCUMSTANCES. IT DOES NOT REPLACE YOUR RELATIONSHIP WITH ANY PHYSICIAN, AND TMI, AS THE TECHNOLOGY PLATFORM AND NOT THE PROVIDER OF MEDICAL ADVICE, DOES NOT DICTATE OR DIRECT ANY PHYSICIAN USING THESE APPLICATIONS IN THEIR MEDICAL ADVICE TO YOU.
Our services are subject to state regulations and may change from time to time due to changes in such regulatory requirements.
Acceptance of Use and Terms
Your Relationship with SwiftMD
SwiftMD provides the TMI platform for you to consult with a Physician. You understand that by consulting with a Physician through the Applications, you are not entering into a doctor/patient relationship with SwiftMD or TMI.
You understand that your Physician may send you consultation notes, messages, reports, and e-mails via the Applications regarding the treatment of your condition. Please immediately contact us to advise us of any errors in your consultation notes. It is your responsibility to monitor these messages, reports, and e-mails. You agree that you will not hold us liable for any loss, injury, or claims of any kind resulting from your failure to read these messages or for your failure to comply with any treatment recommendations contained in these messages.
Duty to Provide Information and Access
It is your choice to receive a telemedicine consult. For safe and effective care, you must accurately answer all questions, comply with medical advice, and review the treatment encounter notes. Please also keep your personal health record stored on the platform updated with your latest medical history.
If you consult with a Physician through these Applications, you have a duty to provide appropriate real time audio and video access (consistent with any technical and quality requirements described on the Website and Mobile App) to enable an appropriate evaluation and connection by your Physician. You also have a duty to provide truthful and accurate responses on any patient forms or information requests your Physician may provide through the Applications. You acknowledge that any misrepresentations about your condition may result in serious harm to you or others.
When you use SwiftMD, you consent to receive communications from us electronically by email, text, and other communications to your desktop computer and mobile devices. You agree that all agreements and consents can be signed electronically, and all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirements that such notices and other communications be in writing.
By providing a cell phone number you give SwiftMD authorization to send you text messages pertaining to SwiftMD services. Your cell phone number will not be shared with third parties or used for promotional purposes. Standard data rates and fees apply; see your carrier for further information.
Independence of Physicians
The professionals utilizing or featured on the Applications are subscribers to and licensees of the Applications and not employees or independent contractor service providers of SwiftMD or TMI. Any opinions, advice, or information expressed by a professional using or featured on the Applications are of the professional and the professional alone. They do not reflect the opinions of SwiftMD or TMI. SwiftMD and TMI do not recommend or endorse any specific tests, providers, products, procedures, devices, opinions, or other information that may be mentioned on the Applications or by a licensee of TMI.
The inclusion of professionals and specialists on the Applications or in any professional directory located on the Applications does not imply recommendation or endorsement of such professional nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professional contained therein.
Each physician participating in TMI is solely responsible for all aspects of the medical care they provide, including quality and levels of such care and treatment. SwiftMD and TMI do not guarantee that a prescription will be written and will not transmit prescriptions for controlled substances. Physicians on TMI reserve the right to deny care for any reason.
Such information is provided on an “as-is” basis and SwiftMD and TMI disclaim all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose. SwiftMD and TMI shall in no event be liable to you or to anyone for any decision made or action taken by any party (including, without limitation, any Website user) in reliance on information about professionals on the Applications. The use of the Applications by any entity or individual to verify the credentials of professionals is prohibited.
Password Accounts, Passwords, and Security
By registering on the Applications, users can receive access to the password-protected portions of the Applications. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree (a) to immediately to contact us to notify of any unauthorized use of your account or any other breach of security of which you become aware, and (b) to exit completely from your account at the end of each online session. We will be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account or password. You may not use anyone else’s account at any time, and you may not allow anyone else to use your account.
TMI uses encryption technology and privacy and security practices typically used by healthcare providers when gathering, transmitting, and storing personal medical information. You should also protect your privacy by (i) safeguarding your username, password and other security information and (ii) utilizing the telemedecine services from a private location to prevent unauthorized persons from hearing or witnessing the consultation.
Limited License and Site Access; All Rights Reserved
The Applications may contain from time to time text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively, “Content”). We grant you a limited license to access and make personal use of these Applications, but not to download (other than for page caching) or modify them, or any portion of them, except with our express written consent. This license does not include: any resale or commercial use of these Applications or the Content; any derivative use of these Applications or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. You are not permitted to sell, sublease, transfer, assign, enable, or grant access or rights to use the services of SwiftMD and TMI to anyone.
These Applications or any portion of these Applications may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or proprietary information (including images, text, page layout, or form) of these Applications without our express written consent. You may not use any meta-tags or any other “hidden text” containing our trademarks or service marks without our express written consent.
We (or the respective third party owners of Content) retain all right, title, and interest in these Applications and any Content and features offered on these Applications, including any and all intellectual property rights. We (or the respective third party owners of Content) reserve all rights not expressly granted herein. Any unauthorized use terminates the foregoing licenses and permissions.
Except as otherwise expressly stated, all Content appearing on these Applications is the copyrighted work of TMI or its third party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the selection, coordination, and arrangement) of the Applications is also the exclusive property of TMI and is protected by U.S. and international copyright laws.
Trademarks and Service Marks
Certain trademarks on the Applications are the service marks and trademarks of SwiftMD or TMI or its licensees. The domain name for the SwiftMD Website, the SwiftMD logo and elements of the design of the platform are service marks, trademarks, logos, and/or trade dress of SwiftMD. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Website and Mobile App are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from the Website and Mobile App without the prior written authorization of SwiftMD and TMI.
Ownership of information submitted via these Applications
Such information may be used for any purpose, including, without limitation, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. SwiftMD and TMI shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send via these Applications or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products using such information.
You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use these Applications, and TMI reserves the right to change the access configuration of these Applications at any time without prior notice.
Any use or attempted use of these Applications (i) for any unlawful, unauthorized, fraudulent or malicious purpose, (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii) that could interfere with any other party’s use and enjoyment of the Applications, (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, (v) to access systems, data or information not intended by TMI to be made accessible to a user, (vi) to obtain any materials or information through any means not intentionally made available by TMI, or (vii) any use other than the business purpose for which it was intended, is prohibited.
In addition, in connection with your use of the Applications, you agree you will not: (a) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity; (b) Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any SwiftMD or TMI representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (d) Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another; (e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; (f) Use the Applications’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); (g) Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise; (h) Violate any applicable local, state, national or international law; (i) Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; (j) Delete or revise any material posted by any other person or entity; (k) Manipulate or otherwise display the Applications by using framing, mirroring or similar navigational technology; (l) Probe, scan, test the vulnerability of or breach the authentication measures of, these Applications or any related networks or systems; (m) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so; (n) Harvest or otherwise collect information about others, including e-mail addresses; or (o) Use any robot, spider, scraper, or other automated or manual means to access these Applications, or copy any content or information on these Applications.
TMI reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a user’s access and/or account. TMI may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.
Right to Monitor
No Editorial Control of Third Party Content; No Statement as to Accuracy
To the extent that any of the Content included in the Applications is provided by third party content providers or other Website users, SwiftMD and TMI has no editorial control or responsibility over such Content. Therefore, any opinions, statements, products, services or other information expressed or made available by professionals, third party suppliers or users on these Applications are those of such professional, third party suppliers or users, respectively. SwiftMD and do not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on these Applications or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with SwiftMD or TMI.
Links to Third Party Websites
Content and other information contained on these Applications is provided by TMI as a convenience to its Users. Users relying on Content or other information from these Applications do so at their own risk.
THE TMI APPLICATIONS ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. SwiftMD and TMI TO THE FULLEST EXTENT PERMITTED BY LAW DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE. SwiftMD and TMI MAKE NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
SwiftMD and TMI do not and cannot guarantee availability of the services or the Applications during periods of power or telephone service outages, server crashes or breakdowns, Internet spam and virus attacks or events beyond its control, whether due to man-made conditions, attacks, accidents, natural disasters or weather-related emergencies.
Limitation of Liability
IN NO EVENT SHALL SWIFTMD OR TMI BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE APPLICATIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SwiftMD or TMI ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SwiftMD and TMI SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000.
NEITHER SWIFTMD NOR TMI NOR ANY THIRD PARTIES MENTIONED ON THE APPLICATIONS ARE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE APPLICATIONS. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE APPLICATIONS MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE APPLICATIONS IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE APPLICATIONS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Governing Law; Severability of Provisions
No Agency Relationship