Use of the Site.
The Healthcare Professionals who deliver Services through Medicus are independent professionals practicing within their independently owned professional practices (“Contracted Professional Practices”). Medicus does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by Healthcare Professionals, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither Medicus nor any third parties who promote the Services or provide you with a link to the Services shall be liable for any professional advice you obtain from a Healthcare Professional via the Services.
The Healthcare Professionals are licensed in USA and provide prescriptions when medically indicated. They provide prescriptions for non-restricted medications, when medically indicated, based on a telehealth visit.
For International patients, the Healthcare Professionals evaluate your current medical problem and provide you with suggestions on the medications or treatment protocols needed for your treatment.
None of the Site content (other than information you receive from Healthcare Professionals) should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you.
When you register on the Site, you are required to create an account (“Account”) by entering your name, email address, password and certain other information collected by Medicus (collectively “Account Information”). To create an Account, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use our Services. You agree that the Account Information that you provide to us at all times, including during registration and in any information you upload to the Site, will be true, accurate, current, and complete. You may not transfer or share your Account password with anyone, or create more than one Account. You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. Medicus reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Site and your Account Information. In no event and under no circumstances shall Medicus be held liable to you for any liabilities or damages resulting from or arising out of your use of the Site, your use of the Account Information or your release of the Account Information to a third party. You may not use anyone else’s account at any time.
Use of the Services by Children.
Fees and Purchase Terms.
You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing Medicus with your credit card number, PayPal or Venmo account and associated payment information, you agree that Medicus is authorized to immediately invoice your account for all fees and charges due and payable to Medicus hereunder and that no additional notice or consent is required. If your health plan, employer or agency has arranged with Medicus to pay the fee or any portion of the fee, or if the fee is pursuant to some other arrangement with Medicus, that fee adjustment will be reflected in the fee that you are ultimately charged. Please check with your employer, health plan or agency to determine if any Services will be reimbursed.
You understand and agree that for Services provided on an appointment basis, you will be responsible for a missed appointment fee equal to all or a portion of the fees you would have paid for the scheduled services if you do not request to cancel a scheduled appointment at least 24 hours in advance and such cancelation is agreed to by the applicable physician. It is not guaranteed that a request for cancelation will be granted. You must communicate the cancelation request to the applicable physician ,and it is physician’s discretion whether to cancel and issue a refund or reschedule.
You may deactivate your Account and end your registration at any time by deactivating your account on the Site. Medicus may suspend or terminate your use of the Site, your Account and/or registration for any reason at any time. Subject to applicable law, Medicus reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Site pursuant to its internal record retention and/or content destruction policies. After such termination, Medicus will have no further obligation to provide the Services, except to the extent we are obligated to provide you access to your health records or Healthcare Professionals are required to provide you with continuing care under their applicable legal, ethical and professional obligations to you.
Right to Modify.
DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY AGREE THAT USE OF THE SITE OR SERVICES IS AT YOUR SOLE RISK. BOTH THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MEDICUS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION.
LIMITATION OF LIABILITY.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL MEDICUS, CONTRACTED PROFESSIONAL PRACTICES OR THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE.
To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
All Health Professionals performing licensed clinical services on the Site hold the professional licenses issued by the professional licensing boards or agencies in the states where they practice. All physicians and psychologists hold advanced degrees in either medicine or psychology and have undergone postgraduate training. You can report a complaint relating to the care provided by a Healthcare Professional by contacting the professional licensing board in the state where the Healthcare Professional is physically located. In a professional relationship, sexual intimacy is never appropriate and should be reported to the board or agency that licenses, registers, or certifies the licensee. You can find the contact information for each of the state professional licensing boards governing medicine on the Federation of State Medical Boards website, governing psychology on the Association of State and Provincial Psychology Boards website, and governing social workers.
Any clinical records created as a result of your use of the Services will be securely maintained by Medicus on behalf of Contracted Professional Practices for a period that is no less than the minimum number of years such records are required to be maintained under state and federal law, which is typically at least six years.
WE WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, NOR FOR YOUR USE OF SUCH INFORMATION, SOFTWARE OR LINKS, NOR FOR THE ACTS OR OMISSIONS OF ANY SUCH WEBSITES OR THEIR RESPECTIVE OPERATORS.
Certain of the names, logos, and other materials displayed on the Site or in the Services may constitute trademarks, trade names, service marks or logos (“Marks“) of Medicus or other entities. You are not authorized to use any such Marks without the express written permission of Medicus. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
Privacy and Communications.
As part of providing you with the Services, we may need to provide you with certain communications such as appointment reminders, service announcements, privacy notices, administrative messages and other communications about the Services (“Communications”). These Communications are considered part of the Services and your Account.
The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Website, currently located at https://www.loc.gov/copyright. In accordance with the DMCA, Medicus has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to Medicus, Inc., 3033 Campus Drive, Suite W225, Plymouth, MN 55441.