Last updated: December4, 2019

DO NOT USE MEDICOOR FOR SOMEONE WHO REQUIRES IMMEDIATE OR EMERGENCY MEDICAL ATTENTION. CALL 911 (OR YOUR LOCAL EMERGENCY HOTLINE) OR GO TO THE NEAREST EMERGENCY ROOM (ER) IMMEDIATELY IF YOU HAVE AN EMERGENCY MEDICAL NEED.

Medicoor is an administrative and technology service provider that owns Medicoor.com, the Application.  Medicoor has entered into contracts with healthcare providers who provide non-emergency general adult and pediatric health and pharmacy services (collectively, “Medicoor Providers”). Among other things, Medicoor contracts with Medicoor Providers, licenses the Application to Medicoor Providers so to provide Medicoor Providers with the capability to receive, respond to and schedule requested visits at patient’s home or Medicoor Providers practices.  Medicoor does not provide any medical services, nor does it refer or recommend any physician or medical practice or any other medical provider or personnel.

By using the Application, and by requesting and /or receiving services through the Application which includes our website and mobile app, you agree to be bound by the terms of service set out below (the “Agreement”). These terms of service, together with our PRIVACY POLICY and PATIENT AGREEMENT govern your use of the Services, whether or not you have created an account. You must agree to and accept all of the terms of this Agreement, or you don’t have the right to use the Services.If you do not agree to all of the terms of this Agreement, do not use the Application or our Services. The Company may revise and update this Agreement at any time. Your continued use of the Application or our Services will mean you accept the revised Agreements. All references to the “Application” in this Agreement shall be construed to include our website and our mobile app.

1.        Medicoor Application &Medicoor’s Contracted Healthcare Providers

We are excited to bring you the Application, an innovative platform that permits you to initiate and transmit a request for health services to be provided to you or a loved one at the comfort and convenience of your specified location.

Medicoor’s Application is a platform that (1) allows you to request medical appointments or order medicines fromany of our contracted healthcare practitioners, (2) provides contracted Medicoor providers the capability to respond and schedule follow up visits, and (3) facilitates communication between you and our contracted practitioners by transmitting to Medicoor providers the information you provide to the Medicoor application, including your personal and medical information. Upon receipt of your request for an appointment or to order medicine, the Application will notify the Medicoor provider and transmit your information or that of any individual you are acting on behalf of, including your location and any personal or health information. Medicoor providers will receive your request and render the service when you arrive for your medical service, or, when the provider arrives at your home.

Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to this Agreement. You are responsible for all equipment necessary to access the Application.

2.        Your Privacy & Your Obligation to Provide Accurate Information

In order to obtain our Services you must provide Medicoor with certain personal information and register for an account. Additionally, you agree to provide Medicoor providers with access to your health data or medical records stored in the Application.  You agree to provide a Medicoor provider with access to your electronic health data or electronic medical records that were created or save in Medicoor during a prior visit by a Medicoor provider.

Please know that Medicoor respects your privacy. A complete statement of our current privacy policy can be found here (“Privacy Policy”) https://medicoor.com/privacy. Our Privacy Policy is expressly incorporated into this Agreement by this reference.

It is imperative that you provide accurate and truthful information during the registration process. By submitting the registration information requested you represent and warrant to us that all of the personal information you provide to Medicoor, both during the registration process or anytime thereafter, is true and correct to the best of your knowledge. We reserve the right to refuse your registration or to cancel your use of the Application and/or the Services if we determine that you have not provided complete and accurate information regarding your identity and/or have otherwise not provided accurate information.

You also agree that you will not choose or use a username that: (i) belongs to another person or is used with the intent of impersonating another person; or (ii) is subject to any rights of a person other than you without appropriate authorization. You may never use another person’s sign-in details to access the Application and/or Services.

3.        Billing for Services

Medicoor does not set healthcare service price. Medicoor providersare billing patients for the healthcare services through the Application. Payments can be made at the time of the order, or when the patient arrives for his or her visit or to pick up medicine at a provider’s pharmacy.

4.        Eligibility

You must be 18 years of age or older to use the Application. By using the Application and booking an appointment or ordering medicine, you represent that you are at least 18 years of age.

1.      Minors and Patient with Legal Guardians. To book an appointment or order medicine for a minor patient or an adult patient who has a legal guardian, you must be the legal guardian, or an individual with uncontested legal authority to arrange for and consent to the treatment of the patient.   By using the Application and booking an appointment or ordering medicines for a patient that has a legal guardian, you represent that you have the legal authority to make that request and you guarantee that the legal guardian who can consent to the provision of health services to the patient will be physically present for the duration of the appointment, or to pick up the medicine.  If a legal guardian is unable to be physically present at the doctor’s visit or to pick up medicines, the legal guardian must provideMedicoor with prior, written authorization that identifies by name an individual who has the power and authority to consent to the treatment of the minor patient.

You agree that you will notify us immediately of any change in your eligibility to use the Services.  Additionally, you agree to notify us immediately of any known or suspected breach of security or unauthorized use of your registration with Medicoor.

5.        Medicoor Healthcare Provider Partners

Medicoor, is solely responsible for vetting, hiring or otherwise contracting with qualified Healthcare Professionals.  Medicoor performs thorough background checks on all Providers and Medical Assistants that provide healthcare services, including pharmacies. All Providers are licensed and in current good standing with the applicable state and country licensing agency.  None of the theHealthcare Professionals are employees of Medicoor. Employees of Medicoor never provide healthcare services or advice and do not take part in your diagnosis and/or treatment.

Medicoor does not recommend or endorse any specific tests, healthcare or service providers, medications, products or procedures. You acknowledge that your reliance on any Healthcare Professionals that you select for a healthcare need on the Application or information provided by such Healthcare Professionals to you is solely at your own risk and you assume full responsibility for all risk associated therewith, as allowable by the extent of the law.

You understand and agree that Medicoor is not liable for any actions or inactions of any contracted providers.  Medicoor is not to be liable for any professional advice from a Healthcare Professional that is provided to you in-person, via telephone or through any other means communication, even if the communication is facilitated by Medicoor.

Consult with your current licensed healthcare provider as necessary and before seeking any new treatment or before you alter, suspend or initiate any change in your medical treatment, medication routine or healthcare related procedure or activity. Do not disregard medical advice issued to you by your regular licensed healthcare provider.

You will be required to review and accept separate agreements with your treating provider (collectively, the “Provider Agreements”). Provider Agreements may include, but are not limited to, information regarding the medical services, payment requirements, assignment of benefits, indemnification, and information security, including the handling of your Protected Health Information. Any provider that contracts with Medicoor and licenses the Application, and all of their Healthcare Professionals, are entirely independent of Medicoor. Medicoor is not responsible for any issues you may have with respect to your health provider’s professionalism, timeliness, medical treatment, diagnosis or advice, information provided, or any other actions or omissions arising from, or incident to, any services provided by the Healthcare Professionals.

6.        IMPORTANT HEALTH AND MEDICAL NOTICES AND DISCLAIMERS

IF YOU REQUEST TO BE CONNECTED WITH A MEDICAL PRACTICE, AN ELECTRONIC SERVICE REQUEST NOTIFICATION WILL BE SENT TO A MEDICAL PRACTICE. IF A MEDICAL PRACTICE HAS AVAILABLE MEDICATION, OR AN AVAILABLE MEDICAL PROFESSIONAL, AN IN-PERSON MEETING BETWEEN YOU AND A LICENSED PROVIDER MAY OCCUR AT A LOCATION OF THE PROVIDER OR, IN THE CASE OF HOME VISIT ASSISTANCE, AT A LOCATION YOUR CHOOSING. WITH RESPECT TO THE REQUESTING, SCHEDULING AND FACILITATION OF APPOINTMENTS OR MEDICINE ORDERS, THE APPLICATION IS EXCLUSIVELY FOR ACCOUNT MANAGEMENT AND TO PROVIDE YOU WITH THE ABILITY TO TRANSMIT YOUR REQUEST AND YOUR INFORMATION TO A MEDICAL PRACTICE THAT PROVIDES SERVICE IN YOUR AREA. NO MEDICAL CARE OR ADVICE SHALL BE PROVIDED DIRECTLY TO YOU FROM MEDICOOR.

BY USING THE APPLICATION OR OUR SERVICES YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT MEDICOOR IS NOT A MEDICAL PROVIDER, PHARMACY, ORGANIZATION OR HOSPITAL. YOU FURTHER UNDERSTAND AND AGREE THAT MEDICOOR IS NOT STAFFED BY MEDICALLY TRAINED PERSONNEL, AND IS NOT RESPONSIBLE FOR VETTING, RECOMMENDING OR REFERRING ANY PARTICULAR HEALTHCARE PROVIDER, HEALTHCARE PROFESSIONAL, OR HEALTH SERVICES.

PLEASE NOTE THAT MEDICOR’S EMPLOYEES CANNOT PROVIDE YOU WITH MEDICAL ADVICE AND NOTHING THAT YOU MAY READ IN OR THROUGH THE USE OF THIS APPLICATION OR OUR SERVICES SHOULD BE CONSTRUED AS MEDICAL ADVICE. ALTHOUGH ALL INDEPENDENT CONTRACTORS AND EMPLOYEES MAKE AN EFFORT TO PROVIDE QUALITY INFORMATION TO YOU, MEDICOOR EXPRESSLY DISCLAIMS ANY IMPLIED GUARANTEE OR WARRANTY REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELEVANCE OF ANY INFORMATION PROVIDED THROUGH THE APPLICATION, OR THE SERVICES OF HEALTHCARE PROFESSIONALS SENT TO YOU OR ANY MEMBER OF YOUR FAMILY THROUGH THE APPLICATION.

7.        Geo-Location Functionality

The Services include and make use of certain functionality and services provided by third-parties that allow Medicoor to include maps, geocoding, places and other content from Google, Inc. (“Google”) as part of the Services (the “Geo-Location Services”). Your use of the Geo-Location Services is subject to Google’s then current Terms of Use for Google Maps/Google Earth (http://www.google.com/intl/en_us/help/terms_maps.html) and by using the Geo-Location Services, you are agreeing to be bound by Google’s Terms of Use.

8.        Additional Services and Terms

Medicoor offers Services that may be subject to additional terms and conditions. Your use of such Services is subject to those additional terms and conditions, which will be provided to you before the affected Services are provided. Any such additional terms and conditions are incorporated into this Agreement by reference.

9.        Charges; Credit Card Billing; Additional Purchases

There is currently no charge to use the Application or to register for an account. However, there are charges associated to certain Services. Medicoor collects transaction fees from patients for all healthcare services purchased from healthcare providers through the Application. In addition, Medicoor charges fees for its own services, mainly health record storage. During your use of the Application and our Services, you also may occasionally be offered incentives or merchandise either directly from us or from third-parties.

Purchases may require you to provide credit card or other transaction data to us or to third party providers in order to procure such items. We will only collect those details, if ever, for the sole purpose of fulfilling an order for products or services that you request. We may retain your credit card details in an encrypted file, however.

10. Cancellations

You may decide to cancel any order from Medicoor. If you choose to cancel your order, certain cancellation fees may apply such as:

a.       The Medicoor Service Fees paid at the order is not reimbursable. Cancellation fees will only on the sub-total cost of the services purchases minus Service Fees.

b.      Cancellation fees – If an appointment is cancelled less than 36 hours of the scheduled date of the appointment, Medicoor deducts 30% from the sub-total cost of the appointment + any additional services purchased such as electronic record storage and sharing, delivery and other services.

You will be provided the option to use credit (the balance after cancellation fees if applicable) from a cancellation will be applied toward the purchase of subsequent services.

Medicoor reserves the right, at its sole discretion, to reject users of its Services and Application, to the extent permitted by law.

11. No Show

In the event you do not show up at the scheduled date and time of your appointment, and you have not cancelled your appointment prior, a no-show fees will be applied. The penalty fee for no-show appointments will be 40% from the sub-total cost of the appointment + any additional services purchased such as electronic record storage and sharing, delivery and other services.

12. Account Security

You are responsible for maintaining the confidentiality of your username and password that you designate during the registration process and you are fully responsible for all activities that occur under your username and password. You will immediately notify us of any unauthorized use of your username or password or any other known or suspected breach of security. We will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer or using unencrypted email to discuss private matters with a Medicoor representative, a Medical Group or any Healthcare Professional, so that others are not able to view, record or intercept your password or other personal information. You have been informed of the risks of transmitting your personal information by an unsecured means.

Once it is received, your personal information and that of any minor for whom you are responsible is kept secure by us, in accordance with applicable law.

13. License and Limitations on Use

We grant to you a limited, personal, non-exclusive and non-transferable right and license to use the Application. Unless otherwise specified in writing, the Application is for your personal and non-commercial use. The Application, including, without limitation, the content, metadata, design, organization, compilation, look and feel, the fitness and nutrition plans, the source, object and HTML code and all other protectable intellectual property available through the Services and/or comprising the Application (the “Proprietary Materials”) are the property of Medicoor or the property of our licensors and are protected by copyright and other intellectual property laws. All rights regarding the Proprietary Materials not expressly granted in this Agreement are reserved by Medicoor. Unless you have our written consent, you may not copy, reproduce, sell, publish, distribute, display, retransmit or otherwise provide access to the Proprietary Materials to anyone. You agree not to rearrange, modify, create derivative works using or reverse engineer the Proprietary Materials. You agree not to create, scrape or display our content for any purpose. You agree not to post any content from the Application to weblogs, news groups, mail lists or electronic bulletin boards, without our written consent.

By using the Application or the Services, you represent and warrant that any personal and/or health information you provide to Medicoor, the Medical Groups and/or a Healthcare Professional is true and accurate and that your use:

·         Will be for lawful purposes only and never for sending or storing unlawful material or use for fraudulent purposes;

·         Will not cause nuisance, annoyance, disruption, or inconvenience to any Medicoor representatives, or Healthcare Professionals;

·         Will not impair the proper operation of the network;

·         Will only be through access points or wireless data account (AP) which you are authorized to use; and

·         May incur standard messaging charges by your wireless provider.

14. Notice for Claims of Copyright Violations

If you believe that your work has been copied and posted on our website in a way that constitutes copyright infringement, you should provide our Copyright Agent with a written notice that sets forth the infringement details. To be effective, the notice must contain the following information:

1.      a description of the copyrighted work that you believe has been infringed;

2.      a description of the material that you claim is infringing the copyrighted work identified in #1, and a detailed description of where it is located on our Application; your address, telephone number, and email address;

3.      a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

4.      a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

Please send the written communication to our Copyright Agent by email at support@medicoor.com.

We reserve the right, in appropriate circumstances and at our discretion, to terminate the privileges of any account holder who repeatedly infringes the copyrights or other intellectual property rights of others.

15. User Conduct

We reserve the right to terminate your account if you misuse the Application, our Services or our website, or if you violate this Agreement including, without limitation, the following rules of conduct:

You may not:

·         Upload, post, or transmit to any Medical Practice or Healthcare Professionals by any means, or otherwise make available any content or materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

·         Impersonate any person or entity, including another user of our Services, a Healthcare Professional, or an employee of Medicoor, or falsely state or otherwise misrepresent your affiliation with a person or entity;

·         Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted;

·         Upload, post, email, or otherwise transmit through the Application by any means, content, materials, or comments that could be characterized as “medical advice;”

·         Attempt to interfere with or disrupt our servers or networks;

·         Intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law;

·         Stalk or otherwise harass another user of our Services or any of our employees, or any independent Medical Practice or Healthcare Professionals;

·         Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users, including usernames or passwords; or access or attempt to access another user’s account without his or her consent or, in the case of a patient with a legal guardian, including minors, , that of the legal guardian or other legally responsible entity.

16. DISCLAIMERS OF WARRANTIES

YOU USE THE APPLICATION, THE SERVICES AND OUR WEBSITE AT YOUR OWN RISK. YOU FURTHER ACKNOWLEDGE THAT ANY APPOINTMENT THAT YOU SCHEDULE OR MEDICINE ORDER THAT YOU PLACE VIA THE APPLICATION IS AT YOUR OWN RISK. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS OR EFFICACY OF THE CONTENT OF THE APPLICATION, AND ASSUME NO LIABILITY OR RESPONSIBILITY TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE FOR ANY ERRORS, MISTAKES, OR INACCURACIES IN SUCH CONTENT OR IN THE SERVICES PROVIDED BY US, INCLUDING THE SERVICES, INFORMATION AND ADVICE PROVIDED BY A MEDICAL PRACTICE OR HEALTHCARE PROFESSIONAL OR THROUGH OUR APPLICATION OR WEBSITE. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE APPLICATION, OUR WEBSITE, ANY MEDICAL PRACTICE AND HEALTHCARE PROFESSIONALS AND THE CONTENT AND SERVICES AVAILABLE THROUGH THE FOREGOING IS ON AN “AS-IS”, “AS AVAILABLE” BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT, AND MATERIALS AVAILABLE THROUGH THE APPLICATION OR OUR WEBSITE, INCLUDING WITHOUT LIMITATION THE AVAILABILITY, USE, OR RESULTS OF SERVICES PROVIDED BY ANY MEDICAL PRACTICE AND HEALTHCARE PROFESSIONALS. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN OUR LIABILITY AND RESPONSIBILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.

17. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE APPLICATION, SERVICES OR WEBSITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON OR THROUGH THE APPLICATION, SERVICES OR WEBSITE OR ANY WEBSITES LINKED TO THE APPLICATION OR WEBSITE; (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SITE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE APPLICATION, SERVICES OR WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS, SERVICES OR CONDUCT OF ANY THIRD-PARTY ON OR THROUGH THE APPLICATION; OR (F) ANY OTHER MATTER RELATING TO THE APPLICATION, SERVICES OR THE WEBSITE. IN NO EVENT SHALL THE COMPANIES’ TOTAL LIABILITY TO YOU OR ANY INDIVIDUAL OR ENTITY  FOR WHOM YOU ARE RESPONSIBLE FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT – INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE – OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO THE COMPANIES IN THE IMMEDIATELY PRECEDING TWELVE (12) MONTH PERIOD. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, THE COMPANIES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.

18. DISCLAIMERS REGARDING MEDICAL PRACTICE AND HEALTHCARE PROFESSIONALS

MEDICOOR DOES NOT REFER, RECOMMEND, OR ENDORSE ANY MEDICAL PRACTICE OR PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL THAT LICENSES THE APPLICATION. ANY STATEMENTS, PROGRAMS, OPINIONS, OR OTHER INFORMATION THAT MAY BE PROVIDED TO YOU BY A MEDICAL PRACTICE OR HEALTHCARE PROFESSIONAL ARE SOLELY ATTRIBUTABLE TO THE MEDICAL PRACTICE OR HEALTHCARE PROFESSIONAL AND NOT MEDICOOR. RELIANCE ON ANY INFORMATION PROVIDED BY ANY MEDICAL PRACTICE OR HEALTHCARE PROFESSIONAL ON OR THROUGH THE APPLICATION, SERVICES OR OUR WEBSITE IS SOLELY AT YOUR OWN RISK. MEDICOOR MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, ABILITY OR THE EFFICACY, ACCURACY, COMPLETENESS, TIMELINESS OR RELEVANCE OF THE INFORMATION PROVIDED BY ANY MEDICAL PRACTICE OR HEALTHCARE PROFESSIONAL AND/OR THE SERVICES PROVIDED BY SAID MEDICAL PRACTICE OR HEALTHCARE PROFESSIONALS OR BY THIRD PARTIES FEATURED ON OR THROUGH THE APPLICATION, SERVICES OR OUR WEBSITE. MEDICAL PRACTICES AND HEALTHCARE PROFESSIONALS ARE RESPONSIBLE FOR COMPLYING WITH REGULATORY AND LOCAL REQUIREMENTS FOR MALPRACTICE AND LIABILITY INSURANCE. ALL INTERACTIONS WITH HEALTHCARE PROFESSIONALS ARE BETWEEN YOU AND THE LICENSED HEALTHCARE PROFESSIONAL. BY USING THE APPLICATION, SERVICES, OR WEBSITE, YOU AGREE NOT TO HOLD MEDICOOR LIABLE IN ANY WAY FOR ANY MALPRACTICE OR SUBSTANDARD TREATMENT THE HEALTHCARE PROFESSIONAL MAY RENDER TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE. IN NO EVENT SHALL MEDICOOR BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU, ANY MINOR FOR WHOM YOU ARE RESPONSIBLE, OR ANYONE ELSE IN CONNECTION WITH YOUR USE OF THE APPLICATION, SERVICES OR OUR WEBSITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM YOUR USE OF ANY INFORMATION, PROGRAM OR SUGGESTION PROVIDED TO YOU BY A MEDICAL PRACTICE OR HEALTHCARE PROFESSIONAL OR COMMUNICATIONS OR MEETINGS BETWEEN OR AMONG YOU, ANY MINOR FOR WHOM YOU ARE RESPONSIBLE, AND ANY PHYSICIANS, MEMBERS OR ANY OTHER PERSONS YOU MEET THROUGH THE APPLICATION, SERVICES OR OUR WEBSITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH HEALTHCARE PROFESSIONALS.  FURTHER, MEDICOOR DOES NOT RECOMMEND, AND YOU AGREE TO BE WHOLLY RESPONSIBLE, IF YOU OR ANY MINOR OR PATIENT FOR WHOM YOU ARE RESPONSIBLE DECIDES TO MEET OFFLINE OR IN PERSON WITH ANY HEALTHCARE PROFESSIONAL.

19. Indemnification

You agree to defend, indemnify, and to hold harmless the Companies, together with its officers and directors, from any and all liabilities, penalties, claims, causes of action, and demands brought by third-parties (including the costs, expenses and attorneys’ fees on account thereof) arising, resulting from or relating to: (a) your use of the Application, Services or our website or your inability to use the Application, Services or our website; (b) an allegation that you violated any representation, warranty, covenant or condition in this Agreement; (c) your intentional or negligent misrepresentation or misuse confidential or protected information. Your agreement to defend, to indemnify, and to hold the Companies (and their officers and directors) harmless applies whether any claim against the Companies is based in allegations of violation(s) of law or contract or tort (including strict liability), and regardless of the form of action, including but not limited to your violation of any third-party rights, a claim that the Application, Services and/or our website caused damage to you or to any third party and/or your use and access to the Application, Services and/or our website. This indemnification section shall survive your termination of or cessation of use of the Application, Services and our website.

20. Third-Party Web Sites, Products and Services

The Application, Services and/or our website may link to or promote websites, products and/or services from other companies, or offer you the ability to download software from other companies. You agree that Medicoor is not responsible for, and does not control, those websites or any third-party products or services. Medicoor encourages you and any minor for whom you are responsible to be aware of this when you leave the Application or click on links controlled by third parties, and to read the legal notices and privacy policies of each and every location you visit. Your use (or that of any minor for whom you are responsible) of a third-party product, service or website will be subject to such third party’s terms of use, privacy policy and any other applicable terms and conditions.

21. Governing Law and Choice of Forum

This Agreement contains the final and entire agreement between us regarding your use of the Application, the Services and our website for yourself, a member of your household or for any minor for whom you are responsible, and supersedes all previous and contemporaneous oral or written agreements regarding your use of the foregoing. The provisions of this Agreement shall be severable, and if any provision of this Agreement is held to be invalid or unenforceable, it shall be construed to have the broadest interpretation, which would render it valid and enforceable. No amendments, modifications or waivers to this Agreement shall be valid unless in writing and signed by all Parties. We may discontinue or change the Application, Services and/or our website, or its/their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to any conflict or choice of law principles. The sole and exclusive jurisdiction and venue for any litigation arising out of this Agreement or in any way related to the Application will be an appropriate federal or state court located in Silver Spring, Maryland. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

22. Assignments

Medicoor may assign its rights and obligations under this Agreement. This Agreement will inure to the benefit of Medicoor’s successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under the Agreement, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.

23. Promotions and Offers

We may, from time to time, offer certain promotions as part of our services to users, and we encourage you to participate. However, unless explicitly stated otherwise, MediCare or Medicaid/MediCal beneficiaries are not eligible to participate in any promotions or other offers..By accepting any promotional offer, you certify that you are not a MediCare or Medicaid/MediCal beneficiary and agree to be bound by all of the following additional terms.

We reserve the right to send particular promotions to particular users and other individuals, subject to applicable laws. We may use any personal information you provide to us (including your email address), to provide you (by email or otherwise) with information regarding our contests and promotions, as further described in our Privacy Policy and in compliance with applicable law. You agree that Medicoor may communicate your personal information to a Medical Practice that you select, and at your direction, in connection with any healthcare services provided by that Medical Practice and its Healthcare Professionals.

Price discounts cannot be used together or combined with other discount offers or promotional offers. Promotional offers are intended for the addressed recipient only and cannot be transferred. If you are not the intended recipient, then the offer is null and void. We may request further information from you if you wish to participate in our promotions and offers. Participation in these promotions is completely voluntary. Therefore, you have the choice to decline to participate in any promotion where you are required to provide further information about yourself.

We are not responsible for any unauthorized promotions and offers offered by Medical Practicesand other third parties through the Application.

Patient agreement

Last updated: August 1, 2019

PATIENT AGREEMENT

CONSENT TO TREAT: By signing below, you acknowledge and agree that you have requested medicaltreatment and services from a Medicoor affiliated healthcare provider. You consent to handling of your treatment data by Medicoor and sharing of such data with other healthcare providers in the Medicoor partner network.

SERVICES: Medicoor is an online healthcare portal that facilitatesmedical service bookings and communications between doctors and patients. Medicoor provides the following services: non-emergency online booking, medical assistantship, healthcare data management, medicine ordering, delivery and electronic payment services to clients. Please note, Medicoor does not have a healthcare facility. It does not treat patients, nor owes pharmacies to sale medicine directly. It is simply a third party that connects patients to doctors, hospitals, clinics, pharmacies, medical imaging centers, medical laboratories, optics stores, and dentist cabinets.

MEDICOOR DOES NOT PROVIDE EMERGENCY MEDICAL CARE: If you have an emergency, such as chest pain, severe shortness of breath, severe headache or bleeding, proceed directly to the nearest hospital emergency room.

PRESCRIPTION POLICY: Medicoor is not a pharmacy and does not store medicine in a physical facility anywhere. It does not prescribe any treatment medicine, narcotics, pain medications, or any other drugs designated as a Schedule I or II drug by the United States Drug

PATIENT RELATIONSHIP: A patient relationship with Medicoor is not established until you have actually been seen by a Medicoor provider. To facilitate visit bookings and communications with its patients, Medicoor providers access a proprietary mobile- and web- based application (collectively “Medicoor”). Medicoor allows you to transmit a request for services to a Medicoor provider and provides the capability for providers to respond and schedule the services. The use of the Medicoor web or app portal alone does not create any patient relationship with Medicoor providers.

Medicoor does not provide any medical services. In addition, you acknowledge and agree that you have selected to receive services from a Medicoor provider and that Medicoor is not liable for treatments provided by its providers.

EQUITABLE ACCESS & NON-DISCRIMINATORY CARE POLICY: It is Medicoor’s policy to make all commercially reasonable efforts to provide accommodations that will allow seniors and people with disabilities to request and receive equitable access and non-discriminatory medical care. As such, to the extent practicable and/or required by law, Medicoor’ practices align with the standards set by Section 504 of the 1973 Rehabilitation Act, the Americans with Disabilities Act, as amended (ADA), and other applicable state laws and regulations that prohibit discrimination on the basis of disability. Medicoor does not have any medical office open to the public or any other public facility where Medicoor provides medical services. You understand and agree that your medical services will be provided by a Medicoor provider affiliate that owes and operation a medical office.

PAYMENT FOR SERVICES: Medicoor generally charges on a fee-for-service basis for the services it provides, and by some other fee scheduled negotiated between Medicoor and certain contracted Medicoor providers. Any Service Fees, or portion thereof, that is your financial responsibility must be made by credit card or mobile money through theMedicoor Application, or by cash in person at the medical facility. When necessary to accommodate patients with disabilities, Medicoor may accommodate payment telephonically. Medicoor does not accept cash payments from patients nor accept any in-person payments. If you are a member of an insurance plan that contracts with a Medicoor provider, and your insurance coverage has previously been verified, the Medicoor provider you visited will bill the insurance plan for the portion of the Service Fee for which it is responsible. Some Medicoor providers are participating medical practice in the Medicare and Medicaid Programs and accept assignment for Medicare and Medicaid claims.

RETENTION OF RECORDS: Medicoor shall retain health care records for at least six (6) years after their receipt or production, unless a longer period is required by law (e.g., for records of minors). Medicoor may destroy health records once it is no longer required to retain them.

COORDINATION WITH HEALTH RECORDS AND HEALTH DATA: In an effort to gain a more complete picture of your health and help avoid unnecessary testing and duplicated efforts, Medicoor supports coordinating access to your health records and health data that may be created by various healthcare providers before, after and/or in between your visit(s). This may include access to (1) your patient health records from other providers and/or (2) your electronic health data created by your use of different wellness, fitness or medical devices.

In an effort to streamline this coordination via wireless transmission, you can connect your account in the Medicoor Application with other third-party platforms and/or products that will share your information with the Medicoor Application. Medicoor will be able to see any of your records and data that are shared with the Medicoor Application. Your information will only be shared with Medicoor providers in this manner as long as your account remains connected. Your decision to connect your accounts is completely voluntary and you may disconnect from third- party platforms or products at any time.

Because Medicoor is not affiliated with any applicable third-parties, it makes no promise that third-party platforms or products will be fault free. Further, Medicoor is not responsible for the accuracy of your health records or health data that are created by any third-parties platform or healthcare provider.

INDEMNIFICATION: By signing below, you acknowledge that you shall be liable for, and shall indemnify, defend and hold harmless Medicoor from any and all liability, loss, claim, lawsuit, injury, cost, damage or expense whatsoever (including reasonable attorneys’ fees and court costs) arising out of, incident to or in any manner occasioned by (1) the performance or nonperformance of any duty or responsibility by patient, (2) any tortious acts committed by you or any other person at your residence or medical office of the visit, and (3) any damages resulting from any defects at your residence or medical office location, but only to the extent, and only in such amount, that such liability, loss, claim, lawsuit, injury, cost, damage or expense is not covered and paid by third party insurance. The foregoing indemnification provision shall in all instances be deemed to be subordinate to any third-party insurance coverage that may cover all or any portion of any indemnification claim, including without limitation the patient’s homeowner’s insurance policy, as applicable.

You acknowledge that Medicoor will not be a liability for any medical malpractice occasioned by the healthcare provider you selected for treatments. Medicoor will not be liable for any lawsuit resulting from the quality of medicine sold at your preferred pharmacy.

DISCLOSURE OF PROVIDER INFORMATION & PATIENT GRIEVANCES: Medicoor works with healthcare providers to verify that they are licensed, certified or otherwise permitted to provide medical services in the state or country of where medical services are provided to patient. However, Medicoor cannot guarantee that all information provided by the provider are 100% accurate. For that reason, it is the responsibility of the patient to insure that the Medicoor provider’s information they select including name, highest level of academic degree, specialty, license status, and license number, and board certification (where applicable) are accurate according to state and country regulations.

Should you have any questions, comments, feedback or grievances concerning your treating physician,or Medicoor staff, and/or the treatment you received, you may always reach out directly to Medicoor at Support@medicoor.com.

Additionally, patients always have the right to report concerns or grievances to the appropriate state or country medical Board, or other applicable regulatory body.

NOTICE OF PRIVACY PRACTICES ACKNOWLEDGEMENT

THE NOTICE OF PRIVACY PRACTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION.  PLEASE REVIEW IT CAREFULLY, AS IT EXPLAINS:

• How Medicoor will use and disclose your protected health information.
• Your privacy rights with regard to your protected health information.
• Medicoor’s obligations concerning the use and disclosure of your protected health information.

You acknowledge that you have received a copy of Medicoor’s HIPAA Notice of Privacy Practices and have been provided an opportunity to review it, and consent to receipt of an electronic copy. You further acknowledge that Medicoor’s Notice of Privacy Practices is available upon request, and is available at https://www.medicoor.com/general/terms/.

CONSENT TO EMAIL AND ELECTRONIC COMMUNICATIONS

You consent to the use of unsecured email, mobile phone text message, WhatsApp or other electronic methods of communication (“E-messages”) between yourself and Medicoor, a Medicoor provider, and any other Medicoor agents, for purposes of discussing personal material relevant to your treatment or health records. You understand that E-Messages are typically not confidential means of communication and that there is a reasonable chance that a third-party (including people in your home or other environments who can access your phone, computer, or other devices; your employer, if using your work email; and/or third parties on the Internet such as server administrators and others who monitor Internet traffic) may be able to intercept and see these messages. You have been informed of the risks—including but not limited to the risk with respect to the confidentiality of your treatment—of transmitting your protected health information by an unsecured means. You acknowledge that E-messages are not to be used in the case of an emergency, and that you should call 911, your local emergency number, or proceed directly to the nearest emergency room.

DISCLOSURE OF PHYSICIAN INFORMATION (FOR CALIFORNIA ONLY)

You acknowledge that you have received information regarding the Medicoor provider’s name and license number, license status, highest level of academic degree, and board certification. The Medicoor provider is licensed to practice medicine in the state of California and may be a board certified or board-eligible physician, or a licensed physician in his/her final year of residency who is not yet board-certified or board eligible. You understand that you can contact the Medical Board of California at the below-listed telephone number and website should you have any questions or concerns.

NOTICE

Medical doctors are licensed and regulated by the Medical Board of California
(800) 633-2322
www.mbc.ca.gov

Privacy policy

Last updated: February 2019

This Privacy Policy discloses the practices of Medicoor LLC (“Medicoor”) and its predecessors licensors, beneficiaries, and/or affiliated medical practice entities (collectively, the “Companies”, “we”, or “us”), concerning information we obtain by and through your use of the Medicoor website and mobile application (the “Application”) and the services provided through the Application (the “Services”). The companies are committed to respecting your privacy and recognizing your need for appropriate protection and management of personally identifiable information and health information you share with us. The purpose of this Privacy Policy is to explain the types of information Medicoor obtains about users of the Application and/or Services, how the information is obtained, how it is used, how it is disclosed, how you can get access to this information, and the choices you have regarding our use of, and your ability to review and correct, the information. By using the Application and/or the Services, you are accepting and consenting to the use of your information as described in this policy. We will not accept any Personally Identifiable Information or Protected Health Information from you prior to providing you with this Privacy Policy. Please review this Policy carefully.

Please note, Medicoor is an administrative and technology service provider that owns the Application.  Medicoor has entered into contracts with certain independent healthcare providers who provide mobile, non-emergency general adult and pediatric health and pharmacy services (collectively, “Medicoor Providers”). Among other things, Medicoor contracts with Medicoor Providers, licenses the Application to Medicoor Providers so to provide Medicoor Providers with the capability to receive, respond to and schedule requested home visits or visits to medical offices.  Medicoor does not provide any medical services, nor does it refer or recommend any physician or medical practice or any other medical provider or personnel.

This Privacy Policy specifically applies to how Medicoor collects, uses, and discloses the information you provide to Medicooror that Medicoor obtains with your consent as a result of your use of the Application or your enrollment as a registered user with Medicoor.  This Privacy Policy does not apply to information provided directly to Medicoor Directors from you, or any other third-party on your behalf, which is covered by the contracts between Medicoor and its Provider partners.

1. Information That You Give Us

When you create an account on the Application or enroll as a Medicoor registered user (“Enroll”), or login to the Application to create a profile, comment on articles, or complete surveys, we collect personal information that can identify you (“Personally Identifiable Information” or “PII”), such as your full name, email address, mailing address, telephone number, and credit card information for payment.  In addition to PII, Medicoor may also collect the protected health information (“Protected Health Information” or “PHI”) of you or of an individual for which you are requesting health services. For example, when you use the Application to transmit a request for health services,youmay need to provide additional health information of yourself or the individual for whom the visit is requested so that Providers can assess the request and determine whether or not it has an appropriate and available medical provider (a “Provider”) and medical assistant (“Medical Assistant”) to respond to your request.  Another example of how Medicoor may obtain your PHI and/or PII is you may grant permission for other third-parties to share your information directly with Medicoor. This would include, without limitation, the Application’s access and synchronization of your PHI and/or PII with the Apple Health application and/or Apple Health Records.  

Ultimately, the information that Medicoor collects varies depending upon how you use our Services and what permissions you give to us and other third-parties that also collect your PII and/or PHI. We will not use any PHI for any other purpose without your explicit authorization, or unless otherwise permitted or required by law. You may revoke, in writing, any such authorization at any time, except to the extent we have taken action in reliance thereon.

PHI and/or PII Obtained from Apple Clinical Health Records API or through synchronization with the Apple Health application: Medicoor does not use data obtained through Apple Clinical Health Records API or through synchronization with the Apple Health application for advertising, marketing, or other use-based data mining purposes. Medicoor does not disclose any data obtained through Apple Clinical Health Records API or through synchronization with the Apple Health application to any third-party for advertising, marketing, or other use-based data mining purposes.

Notwithstanding, it is important to understand that Medicoor does not have any independent access to Medicoor Providers detailed medical records of its patients that may be created as a result of a Visit.  To the extent Medicoor Providers integrates any of the information you provided to Medicoor into Medicoor Providers’ medical record that is created as a result of a Visit, Medicoor has no authority to access, delete or modify any portion of Medicoor Providers’ medical records of its patients.

WE DO NOT KNOWINGLY ENROLL OR COLLECT INFORMATION DIRECTLY FROM CHILDREN UNDER THE AGE OF EIGHTEEN.

Please keep in mind that certain features on the Application or website may give you an opportunity to interact with us and others. These may include forums, message boards, chats, creating community profiles, and rating, tagging and commenting on articles. When you use these features, you should be aware that any information you submit, including your name, location, health issues, and email address, may be publicly available to others. We do not protect the privacy of and are not responsible for your disclosure of any information through these interactive features, including, but not limited to information that you might post related to a minor.

Also, whenever you voluntarily disclose anyone’s personal information on publicly-viewable web pages, that information can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information that you voluntarily post, so we encourage you to exercise discretion and caution with respect to information you choose to disclose through these interactive features. When an individual chooses to post information that will be publicly disclosed, he or she is responsible for all legal consequences. We are not responsible under any data protection laws for information that you voluntarily post on a site that can be accessed by others.

If you believe that we have violated your privacy rights, you should contact us at the mailing address or e-mail address provided below. You may also file a complaint with the government. See http://oag.ca.gov/contact/consumer-complaint-against-business-or-company for more information.

2. Other Information We Collect.

Cookies. Our Application may use cookies and other technologies to collect information. Cookies are small bits of information that our websites place on the hard drive of your computer. We may use cookies to facilitate your login processes; allow you to personalize and store your settings; collect usage information; determine our total audience size and traffic; and help us improve our sites by measuring which areas are of greatest interest to users.

Tracking and/or Analytics Services. We may use mobile application tracking and/or analytics services. These services may record unique mobile gestures such as tap, double-tap, zoom, pinch, scroll, swipe and tilt but do not collect personally identifiable information that you do not voluntarily enter in the Application. These services do not track your browsing habits across mobile applications that do not use the same services. We are using the information collected by these services to understand user behavior and optimize site performance.

Web Beacons. We may also use web beacons (invisible images often referred to as pixel tags or clear GIFs) in order to recognize users and assess traffic patterns, and we may include web beacons and cookies in our email messages in order to count how many e-mail messages have been opened.

Non-Personally Identifiable Information. We also collect Non-Personally Identifiable Information that is not health information or medical information in the form of statistics and information regarding the Application user’s statistics and metrics obtained from third party devices (for example, steps, distance, calories burned, GPS coordinates, bat speed, hand speed, swing time, etc.), which may be combined with personal information you submit through the Application and/or Services so that you can fully enjoy the benefits of the Application’s tracking, monitoring, and diagnostic tools. We may also request the following optional information as part of your profile so that you can fully enjoy the features and functions of our Services: your weight, height, and gender.

Mobile Device Information. Your use of the Application may also include collection of information from your mobile device. For example, the Application may request your permission to collect location data and/or may request access to multimedia (photos or videos) stored on your mobile device. You have the option of declining collection of geolocation data, but this may limit your ability to participate in certain activities through the Application. If you do not wish for your location data to be shared with Medicoor, please respond accordingly when prompted on your mobile device, or visit your mobile device settings. Multimedia will only be collected from your device if you affirmatively select it to upload to the application (i.e. you choose an image or video to store within the Application). Multimedia will not be shared with other Application users (with the exception of your profile photo, to the extent such feature is offered, which will appear in your user profile).

3. How We Use Your Information.

Subject to this Privacy Policy, the Terms of Service, and applicable terms and conditions of third-party applications, all data transmitted through the Application is owned by Medicoor; provided, however, that PHI that you provide for the purpose of scheduling a Visit with a Medical Practice will be solely owned by the Medical Practice. To the extent Medicoor is precluded from owning data transmitted through the Application, you grant Medicoor a perpetual, worldwide, royalty-free license to use such data (with the exception of PHI) to the extent necessary to enable use of the Application, the website, and Services. Generally, we may use information in the following ways:

·         For the purposes for which you specifically provided it including, without limitation, to enable us to process your registration, provide the Services or other requests.

·         To transmit a request for a Visit per your request.

·         To send you information about your relationship or transactions with us.

·         To notify you about our products, services, and special offers, except that we will not use PHI for marketing purposes without your prior written consent for yourself or your minor child.

·         To otherwise contact you with information that we believe will be of interest to you.

·         To enhance or develop features, products and services. To allow us to personalize the content that you and others see on the Application.

·         To provide advertisers and other third parties with aggregate information about Application users and Application usage patterns.

·         To allow other select companies to send you promotional materials about their products and services, provided that no PHI will be used for this purpose without your prior written consent.

We use non-Personally Identifiable Information for purposes such as measuring the number of users of various features of the Application, making the Application more useful to users and delivering targeted advertising and non-advertising content. We may also use Non-Personally Identifiable Information (for example, statistics regarding use and metrics) for research purposes, for marketing and promotional purposes, and to develop new learning tools and solutions and we may share such information with third parties, including researchers and/or advertisers, on an aggregate and anonymous basis. We use IP addresses to analyze trends, administer the Application, track a visitor’s movement, and gather demographic information for aggregate, non-personally identifiable use.

You acknowledge that unless you request in writing otherwise, we, in our sole discretion, has the right but not the obligation to store any information, whether Personally Identifiable Information or otherwise, perpetually, to the extent permitted by law. If you wish for any information about you to be removed from our database, please contact us through the contact information provided below in the “How to Contact Us” section of this Privacy Policy.

4. Sharing Your Information.

Except as otherwise described in this Privacy Policy, or if we inform you otherwise at the time of data collection and receive your consent where required, we will not sell, trade, or share your information with third parties.

We may share your information as follows:

·         Visits: We will share your information, at your direction, to transmit a request for a Visit, your PHI, with Medicoor Providers you scheduled to visit on the Medicoor Application. The Provider and/or other representative of Medicoor Providers may contact you prior to the Visit date, to ensure that he or she is equipped to handle your medical case. Medicoor Providers treatment of your information is subject to Medicoor Providers own policies and procedures. Any PHI that we collect and save from you will be kept private and secure, as required by law.

·         Prescription Orders: We will share your PII and PHI, at your direction, to transmit your order to purchase medicine, with Medicoor Providers you selected on the Medicoor Application or website.The Provider and/or other representative of Medicoor Providers will collect your PII and PHI at the time of pickup of medicine. Medicoor Providers treatment of your information is subject to Medicoor Providers own policies and procedures. Any PHI that we collect and save from you will be kept private and secure, as required by law.

·         Visits Results/Summary: We will collect your information at your direction, to store the result of diagnosis, prescription, and other health information provided by Medicoor Providers. Any PHI that we collect and save from Medicoor Providers will be kept private and secure, as required by law.

·         With Affiliates: We may share your information with affiliated companies and businesses, provided that your PHI will not be shared for any marketing purposes without your prior written consent, in accordance with applicable law.

·         With Service Providers: We may use other companies to perform services including, without limitation, facilitating some aspects of our Application such as processing credit card transactions sending emails, fulfilling purchase requests, and data analysis on our behalf. These other companies may be supplied with or have access to your information solely for the purpose of providing these services to you on our behalf. Such service providers shall be bound by appropriate confidentiality and security obligations, which may include, as applicable, business associate contract obligations.

·         With Business Partners: When you make purchases or engage in promotions offered through our Application, we may share PII, but not your PHI, with the businesses with which we partner to offer you those products, services, and promotions. When you accept a particular business partner’s offer, you authorize us to provide your information to that business partner.

Special Circumstances:

We also may disclose your information:

·         In response to a subpoena or similar investigative demand, a court order, or other request from a law enforcement or government agency where required by applicable law.

·         When disclosure is required or allowed by law in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our Application’s terms and conditions or other agreements or policies.

·         In connection with a corporate transaction, such as the sale of all or a portion of our business, a divestiture, merger, consolidation, or asset sale, or in the event of bankruptcy, as required or allowed by law.

SPECIAL NOTICE FOR USERS OF THE APPLICATION: IF YOU ELECT TO MAKE YOUR PROFILE (OR THAT OF A MINOR OR FAMILY MEMBER) VIEWABLE BY PHYSICIANS, ALL INFORMATION THAT YOU INCLUDE IN THAT PROFILE MAY BE VIEWED BY PHYSICIANS. YOU SHOULD NOT ENTER ANY INFORMATION IN THE PROFILE THAT YOU (OR ANOTHER PERSON) WISH TO REMAIN CONFIDENTIAL. A PHYSICIAN WILL NOT BE ABLE TO CONTACT YOU EXCEPT THROUGH THE PERSONAL CONTACT INFORMATION YOU PROVIDE THROUGH THE APPLICATION. MEDICOOR IS NOT RESPONSIBLE FOR THE RETENTION, USE OR PRIVACY PRACTICES OF MEDICAL PRACTICES AFTER THEY HAVE RECEIVED YOUR INFORMATION.

5. Confidentiality of Health Information.

Certain Medical Practices and Physicians may be subject to laws and regulations governing the use and disclosure of health information they create or receive. Included among them is the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the Health Information Technology for Economic and Clinical Health of 2009 (“HITECH”), and the regulations adopted thereunder, and applicable state laws. When Medicoor stores, processes, or transmits “individually identifiable health information” (as such term is defined by HIPAA) on behalf of such a health care provider, Medicoor does so as its “business associate” (as also defined by HIPAA). Medicoor is prohibited from, among other things, using individually identifiable health information in a manner that the health care provider itself may not. Medicoor is also required to, among other things, apply reasonable and appropriate measures to safeguard the confidentiality, integrity and availability of individually identifiable health information we store and process on behalf of such health care providers.

6. How to Access or Update Your Information.

You have the ability to review and update your personal information by visiting the account management section on the Application. You can also review and update your personal information by contacting us at the email address provided below in the “How to contact us” section of this Privacy Policy.

7. How We Protect Your Information.

We use commercially reasonable administrative, technical, and physical measures to safeguard your information in our possession against loss, theft and unauthorized use, disclosure or modification. We follow generally accepted industry standards to protect the information submitted to us, both during transmission and once we receive it. No method of transmission over the internet is 100% secure, however. Therefore, while we strive to make all reasonable efforts to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. In the unlikely event of a data breach, you will be notified as soon as reasonably possible, in accordance with applicable law. Furthermore, we are not responsible for any breach of security or for any actions of any third parties that receive the information.

Certain of the administrative, technical, and physical measures in place are as follows. Medicoor infrastructure is kept in a secured data center that protects from unauthorized access to the physical servers, backups and any element used to store and/or process personal data. Only authorized personnel can access the data center. Medicoor systems and databases are backed up regularly to help protect the data in case of an uncontrollable catastrophe. The data center that stores Medicoor servers has policies and procedures in place designed to safeguard the equipment that our data is stored on. Medicoor regularly upgrades its system software to include the latest security features. Medicoor servers are protected by a firewall system, which is designed to keep unwanted traffic or access out of our computer network. Medicoor also employs an intrusion prevention service (IPS) provided by a secured data center operated by a professional company and uses security methods to determine the identity of each registered user, so that appropriate rights and restrictions can be enforced for that user. Reliable verification of user identity is called “authentication.” All communication between Medicoor Web server, your browser and the Application is encrypted with SSL (Secure Sockets Layer) to guard against network eavesdroppers. Your password is internally encrypted in Medicoor system to prevent unauthorized access to the system. Validations are built throughout the application to capture the most reliable information. Only the last 4 digits of your credit card number is stored on our servers.

8. Changes To Our Privacy Policy.

From time to time we may revise this Privacy Policy. If we make revisions that change the way we collect or use your information, those changes will be posted in this Privacy Policy and the effective date will be noted at the end of the Privacy Policy. Therefore, you should review it periodically so that you are up to date on our most current policies and practices. If we make material changes to our practices regarding use of your information, your information will continue to be governed by the Privacy Policy under which it was subject prior to those changes, unless you have been provided notice of, and have not objected to, the changes.

9. Children’s Online Privacy Protection Act.

We support and comply with the Children’s Online Privacy Protection Act (COPPA) and we do not knowingly collect information from children under the age of 18, nor do we share such information with third parties. Children under the age of 18 may not use the Application. If you seek a Visit for a minor, you will be responsible for providing information related to the minor and for paying for the Visit requested for the minor.

10. Links to Third Party Sites.

Our Application or website may contain links to websites or applications operated and maintained by third-parties, over which we have no control. Privacy policies for these third-party sites and applications may be different from our Privacy Policy. You access these third-party sites and applications at your own risk. You should always read the privacy policy of a linked site or applications before disclosing any personal information on such site and/or through such applications. Medicoor is not responsible for information you submit to third-parties.

11. How to Contact Us.

If you have any questions, comments or concerns about our Privacy Policy, you may contact us at support@medicoor.com or by writing a letter to:

Medicoor LLC
Attn: General Counsel,
300 Delaware Avenue, Suite 210

Wilmington, DE 19801 - USA

12. Effective Date.

This Privacy Policy is effective as of August 2019.