Last Modified: February 2019
Welcome to Alpha! Your health is important to us. Please carefully review the information below. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL "911" IMMEDIATELY.
Alpha MD is not appropriate to address emergency or life-threatening medical conditions, and should not be used as such. Alpha MD may direct you to emergency room services or other appropriate facility at any time.
Please carefully read the terms of this document. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE ALPHA MD SOLUTION AND MAY NOT ACCESS THE SITE.
Upon your acceptance of the terms and conditions of this Agreement, you agree that you have been advised of and understand the potential risks, consequences, and benefits of telemedicine described in the Informed Consent.
1. License Grant
You must be at least the age of majority in your jurisdiction (an adult) to use this Alpha MD Solution. Subject to the terms of this Agreement, Alpha MD allows to you a limited, non-transferable, non-exclusive right to use the Site solely for the purposes of accessing and using the Services in accordance with this Agreement.
Subject to the terms of this Agreement (including but not limited to the payment of any fees required by Alpha MD), Alpha MD will make the Services available for use by Participant through the Site on a non-exclusive subscription basis during the applicable subscription term. Participants' use of the Service may be subject to additional terms and conditions presented when registering or otherwise accessing the Site.
2. Restrictions on Use
You agree with Alpha MD that the Alpha MD Solution is owned by Alpha MD. You may not share your account authentication credentials with anyone else or otherwise permit anyone other than yourself to access to the Alpha MD Solution. You are responsible for maintaining confidentiality of your own account authentication credentials and all activities that occur using your account authentication credentials. Unless otherwise specifically agreed by Alpha MD in writing, you will not (a) modify, make derivative works of, reverse engineer, decompile or disassemble the Alpha MD Solution, (b) modify copyright and other proprietary notices of Alpha MD's or its licensors' proprietary rights in the Site or Alpha MD Solution, (c) make the Alpha MD Solution available in any manner to any third party for use in the third-party's business operations, (d) access or use (or permit third parties to access or use) the Alpha MD Solution in order to build or support any products or services competitive with the Alpha MD Solution, or (e) inaccurately or falsely represent your current location, your demographic location, your address, your medical history, information about your medical condition, or otherwise inaccurately or falsely represent yourself to Alpha MD and Alpha MD medical providers. You may not make copies of the Site. The Site and its entire contents, features, and functionality (including, but not limited to, all information, software, displays, images, text, algorithms, video, and audio, and the design, selection, and arrangement thereof) are the property of Alpha MD or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Alpha MD reserves all rights in this regard.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) are not listed on any U.S. Government list of prohibited or restricted parties.
At this time, the Alpha MD Solution is limited to individuals seeking treatment for the conditions listed in the Alpha MD Solution Scope (“Services”) and does not provide services for any other issues or any injuries. You agree that you will not use the Alpha MD Solution to seek care for any issue other than as listed in the Alpha MD Solution Scope.
Alpha MD has not agreed to and does not agree to treat as confidential any suggestion or idea provided by you regarding the Alpha MD Solution or the Site ("Feedback"), and nothing in this Agreement or in the parties' dealings arising out of or related to this Agreement will restrict Alpha MD's right to use, profit from, disclose, publish, or otherwise exploit any Feedback, without compensation to you, or provide you with any rights in the Alpha MD Solution or the Site. Alpha MD will only publish your name or other identifying information in connection with any testimonial with your prior approval.
If Alpha MD services were offered to you at no cost or at a discounted rate, any public or other published review, comment or testimonial about Alpha MD must include a statement indicating that the Alpha MD services were provided as such. If any incentives were offered to you for any public or other published testimonial, the disclosure of such incentives is required by you in the testimonial. Alpha MD may republish any public or other published review, comment or testimonial about Alpha MD on the Site or in other media. The appropriate attribution to the original source of the publication will be cited by Alpha MD.
4. Consent to Treat
You consent to receive medical care from Alpha MD medical services provider(s) using electronic interactive audio, video, or data communications, specifically through use of the Alpha MD Solution, where such medical care may include diagnosis, consultation, treatment, and transfer of electronic medical records and medical data (each instance, a "telemedicine consultation"). In addition to the terms of Informed Consent, you understand and agree to be treated via a telemedicine consultation, which inherently includes limitations presented by a virtual (non in-person) visit. You understand that there are risks and consequences inherent in telemedicine, including, but not limited to:
- Postponed medical evaluation and treatment due to telecommunication equipment failures or information transmission errors (e.g. poor image quality);
- the possibility, that the transmission of your medical information could be disrupted or distorted by technical failures;
- risks related to a patient withholding key medical information or records that may result in adverse or allergic reactions to prescribed drugs, and other complications
- the transmission of your medical information could be intercepted by unauthorized persons, or the electronic storage of your medical information could be accessed by unauthorized persons;
You agree that it may not be medically appropriate or possible to select a specific provider of your choosing. You agree to accurately disclose your location prior to participating in a telemedicine consultation using the Alpha MD Solution. Alpha MD medical services providers will only be permitted to provide a telemedicine consultation if you are located in a state and jurisdiction in the United States, in which such Alpha MD medical providers are duly licensed to practice medicine. Alpha MD does not warrant nor otherwise guarantee the availability of an Alpha MD medical service provider to you. Alpha MD medical service providers may have a financial interest in Alpha MD.
During your telemedicine consultation, you consent to the following:
- Details of your medical information may be discussed with yourself and Alpha MD medical services provider(s) through the use of electronic interactive audio, video or data communications technology;
- Virtual examination of you may take place;
- Non-medical technical personnel may be present in the telemedicine studio, either physically or virtually, to aid in delivery of services; and
- Video, audio or digital photo may be recorded during the telemedical consultation.
All existing laws regarding your access to medical information and copies of your medical records apply to your telemedicine consultation. Reasonable and appropriate efforts will be made to eliminate any confidentiality risks associated with your telemedicine consultation. All existing confidentiality protections under applicable federal and state law apply to information disclosed during your telemedicine consultation.
You may withhold or withdraw consent to the telemedicine consultation at any time without affecting your right of future care or treatment.
5. Account Registration and Security
Each registration is for a single user only. You understand and agree that only one account is permitted per user. You agree that you will not use alternate identifying information to create more than one user account. You are not allowed to share your registration login credentials or give your login credentials to anyone else. We may cancel or suspend your access to the Alpha MD Solution if you share your login credentials. You are responsible for maintaining the confidentiality of your login credentials.
6. Payments, Access and Cap on Annual Encounters
Your account provides you with unlimited access to the Alpha MD Solution at no additional charge. Depending on the type of account you have with Alpha MD, you may also be required to pay a per-visit fee.
If you are not required to pay a per-visit fee you acknowledge and agree that within a twelve (12) month period beginning on the date of your first encounter, you are limited to three (3) encounters per twelve (12) month period as part of your subscription or plan. Additional encounters can be purchased on an a la carte basis.
7. Use of Authorize.Net
You understand and agree not to hold Alpha MD liable for any adverse effect that actions (whether intentional or unintentional) may cause to any other accounts you hold. You agree to not process stolen cards or unauthorized cards through your Authorize.net or your Alpha MD account.
8. Health Savings Account Requirements
You acknowledge and agree that Alpha MD does not have the obligation to verify your Health Savings Account ("HSA") status or eligibility. If you are eligible for an HSA or do contribute to an HSA, check with your benefits administrator to ensure payment for the Services under a Personal Plan will not materially affect your eligibility under your HSA benefits, including the ability to make future contributions to the HSA.
9. Promotional Customers
Promotional Customers will have full access to Alpha MD Services and will receive the same level of service as full paying users. Alpha MD will direct customers receiving a promotional price on how to access the promotion. For example, Alpha MD may provide a promo code that must be entered during the registration process to access the promotion. Any public or other published review, comment or testimonial about Alpha MD must include a statement indicating that the Alpha MD services were provided at no cost or a discount.
10. No Warranty
Due to the developmental nature of the Alpha MD Solution, Alpha MD makes no warranties regarding the performance of the Alpha MD Solution or the compatibility between the Alpha MD Solution and any future versions of it. The Alpha MD Solution is provided AS-IS. Alpha MD has no obligation whatsoever to furnish any maintenance and support services with respect to the Alpha MD Solution. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROFESSIONAL SUPPORT SERVICES AND THE SITE AND SERVICES (INCLUDING BUT NOT LIMITED TO ANY MEDICAL SERVICES PROVIDED IN CONNECTION THEREWITH) ARE PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. THE EXPRESS WARRANTIES, IF ANY, SET FORTH IN THIS AGREEMENT ARE IN LIEU OF, AND ALPHA MD SPECIFICALLY DISCLAIMS, ALL OTHER WARRANTIES WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, YOU SPECIFICALLY ACKNOWLEDGE THAT ALPHA MD AND ITS LICENSORS MAKE NO WARRANTY THAT THE ALPHA MD SOLUTION WILL MEET YOUR REQUIREMENTS OR BE ERROR-FREE OR WITHOUT INTERRUPTION; THAT ALL ERRORS WILL BE CORRECTED; THAT THE ALPHA MD SOLUTION WILL BE FREE OF VULNERABILITY TO INTRUSION OR ATTACK; OR THAT YOUR SPECIFIC REQUIREMENTS WILL BE SATISFIED. YOU ACKNOWLEDGE THAT ALPHA MD DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE ALPHA MD SOLUTION MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS. ALPHA MD WILL NOT BE LIABLE FOR ANY ALTERATION, THEFT, DESTRUCTION OR LOSS OF YOUR DATA, FILES, OR PROGRAMS OR ANY PARTICIPANT DATA.
11. Limitation of Liability
ALPHA MD IS NOT A MEDICAL PRACTICE. ALPHA MD IS NOT A MEDICAL ORGANIZATION. THE TECHNICAL SERVICES AND PROFESSIONAL SERVICES ARE NOT INTENDED TO TREAT ANY ILLNESS, DISEASE, OR ADVERSE MEDICAL CONDITION, AND SHOULD NOT BE CONSIDERED THE PRACTICE OF MEDICINE, AND ARE NOT THE DOCUMENTATION OF MEDICAL ADVICE OF ANY KIND.
ALPHA MD IS NOT INSURANCE. ALPHA MD IS NOT ENGAGED IN THE BUSINESS OF INSURANCE, AND NEITHER THIS AGREEMENT NOR ANY ORDER IS OR SHALL BE A CONTRACT FOR INSURANCE. THE FEE EARNED BY ALPHA MD SHALL COVER THE PROVISION OF MEDICAL SERVICES BY THE TELEMEDICINE SERVICES PROVIDER ONLY, AND SHALL NOT COVER THE COST OF ANY DIAGNOSTIC TESTS, PRESCRIPTION MEDICATIONS, OR SPECIALTY MEDICAL SERVICES RENDERED BY ANY THIRD-PARTY.
HARDWARE AND SOFTWARE IS COMPLEX AND MAY NOT BE COMPLETELY FREE OF ERRORS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALPHA MD WILL NOT BE LIABLE FOR ANY DAMAGES ARISING UNDER THIS AGREEMENT. YOU SHOULD CONTACT ALPHA MD IF YOU HAVE ANY CONCERNS OR CLAIMS RELATING TO THE ALPHA MD SOLUTION.
"Confidential Information" includes all confidential or proprietary aspects of the Site and Services, including any of its features and functionalities, in addition to any information you submit through the Alpha MD Solution that a reasonable person would expect under the circumstances of disclosure to be kept confidential (e.g., any personal information or health information).
Alpha MD and you (each a "Party") will not disclose the Confidential Information of the other Party and will use the Confidential Information of the other Party only to exercise rights and fulfill obligations under this Agreement, while using reasonable care. The receiving Party may disclose Confidential Information of the discloser when required by law after giving reasonable notice to the discloser, if permitted by law. Except for the limited use rights under this Agreement, neither Party acquires any right, title, or interest in the other Party's Confidential Information.
The Parties agree that any breach of this section by the other may cause irreparable injury not adequately compensable with monetary damages. Accordingly, in addition to any rights otherwise available at law, in equity or by statute, the non-breaching Party is entitled to seek injunctive and other equitable relief.
Alpha MD may suspend or terminate your use of the Alpha MD Solution by suspending the account for any reason at any time. Alpha MD may maintain, delete or destroy all communications and materials posted or uploaded to the Alpha MD Solution per its record retention or content destruction policies. Whether during the term or after termination of this Agreement, Alpha MD has no obligation to continue to provide the Alpha MD Solution or service, however, Alpha MD will provide access to any of your health records in Alpha MD's possession as a result of this Agreement as may be required under applicable legal, ethical and professional obligations.
Notices from one Party to the other shall be in writing and may be sent via email. You can notify Alpha MD, LLC., 200 Moore Drive, Nicholasville, KY 40356 by contacting Alpha MD with any questions, complaints, or claims with respect to the Alpha MD Solution. Notices from Alpha MD to you will be sent to the email address previously provided by yourself in applying for the Alpha MD Solution.
15. Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to waive your right to a jury trial and arbitrate certain disputes and claims with Alpha MD and limits the manner in which you can seek relief from us. No class or representative actions or arbitrations are allowed under this Agreement.
Except for small claims disputes in which you or Alpha MD seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Alpha MD seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Alpha MD waive your rights to a jury trial and to have any dispute arising out of or related to this Agreement or the Alpha MD Solution resolved in court. Instead, for any dispute that you have against Alpha MD, you agree to first contact Alpha MD and attempt to resolve the claim informally by sending a written notice of your claim ("Notice") to Alpha MD by email at [email protected] or by certified mail addressed to: Alpha CSR 200 Moore Drive, Nicholasville, KY 40356. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Alpha MD cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either Party may, as appropriate in accordance with this section, submit the dispute to binding arbitration administered by the Judicial Arbitration and Mediation Services ("JAMS") or, where applicable, in court. All submitted disputes will be resolved through confidential binding arbitration held in Lexington, Kentucky accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of JAMS, which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive the opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and Alpha MD agree that any dispute arising out of or related to this Agreement or the Alpha MD Solution is personal to you and Alpha MD and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and Alpha MD agree that this Agreement affect interstate commerce and that the enforceability of this Section 10 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, this Agreement and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by this Agreement. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
The arbitrators, Alpha MD, and yourself will maintain the confidentiality of any proceedings, including but not limited to, any and all information gathered, prepared, and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrators will have the authority to make appropriate rulings to safeguard that confidentiality, unless the law provides to the contrary.
You and Alpha MD agree that for any arbitration you initiate, you will pay the filing fee and Alpha MD will pay the remaining JAMS fees and costs. For any arbitration initiated by Alpha MD, Alpha MD will pay all JAMS fees and costs. You and Alpha MD agree that the state or federal courts of the State of Kentucky and the United States sitting in Lexington, Kentucky have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to this Agreement or the Alpha MD Solution must be filed within one (1) year after such claim arose; otherwise, to the maximum extent permitted by applicable law, the claim is permanently barred, which means that you and Alpha MD will not have the right to assert the claim.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 10 by emailing [email protected] In order to be effective, the opt-out notice must include your full name and address, and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 10.
If any portion of this arbitration section is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from this Agreement; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the arbitration section or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to the arbitration section; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this arbitration section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section will be enforceable.
16. Governing Law
This Agreement and your use of the Alpha MD Solution are governed by the laws of the State of Kentucky, USA, without regard to its conflict of laws principles. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of State of Kentucky, USA.
If any provision of this Agreement is adjudged to be invalid, void, or unenforceable, the Parties agree that the remaining provisions of this Agreement shall not be affected thereby, that the provision in question may be replaced by the lawful provision that most nearly embodies the original intention of the parties, and that this Agreement shall in any event otherwise remain valid and enforceable. In no event will Alpha MD be deemed in default hereunder based on delay in, or failure of, performance (other than the payment of money) if caused by floods, fires, storms or other acts of God, by war or acts of public enemy, including terrorism, or civil disturbance, strikes, lockouts, shortage of labor, labor disputes or labor trouble, problems in obtaining raw materials or Alpha MD Solution facilities, power failure, equipment failure, transportation shortages or failures, actions of any governmental or other authority, or any other cause not within Alpha MD's reasonable control. This Agreement is for the benefit of, and shall be binding upon the parties. No third-party shall be considered a third-party beneficiary hereunder. You may not assign or transfer your rights or obligations under this Agreement without the prior written consent of Alpha MD. You and Alpha MD are independent contractors with respect to this Agreement and the Alpha MD Solution.
18. Responsibility for Security Devices
You are responsible for the security of your information system(s), including its network and related computer equipment and peripherals ("Information System(s)"). In the event you are accessing the Alpha MD Solution through a mobile device, you are solely responsible for the access and use of such mobile device, and must keep secure your ID and password at all times. You are encouraged to fully utilize all security features, including locking, within the mobile device. You agree that it is your responsibility to comply with all applicable laws, rules, or regulations ("Applicable Laws"), and ensure adequate security of Your Information System(s). Each of you and Us agree to notify the other of any violation of data security of which you or Us become aware.
19. Prohibited Uses
You agree not to:
- Upload or transmit any communication or content of any type that infringes or violates any rights of any party.
- Use, modify, sell, assign or transfer the content or reproduce, display, publicly perform, distribute, post, transmit, or otherwise use this Site or any of its contents in any way for any public or commercial purpose.
- Reverse engineer, disassemble or decompile any software included in connection with the Site.
- Use the Site for any purpose in violation of local, state, national, or international laws.
- Use the Site as a means to distribute or post advertising or other unsolicited material to any third-party.
- Impersonate any person or entity or falsely represent your identification or affiliation.
- Inaccurately or falsely represent your current location, your demographic location, your address, your medical history, information about your medical condition, or otherwise inaccurately or falsely represent yourself to Alpha MD and Alpha MD medical providers.
- Distribute viruses or other harmful computer code.
- Harvest or otherwise collect information about others.
- Promote, encourage, or engage in defamatory, harassing, abusive, or otherwise objectionable behavior.
- Interfere with the operation of the Site.
- Copy or distribute in any medium any part of the Site.
- Use or access the Site in an abusive, excessive, or inappropriate manner as determined in the sole discretion of Alpha MD, which may include.
If we become aware that an individual is using the Websites or Services in violation of these Terms, we may prohibit and block or terminate such individual from using the Websites or Services.