YOU UNDERSTAND THAT BY CHECKING THE "AGREE" BOX FOR THESE TERMS OF USE AND/OR ANY OTHER SUCH FORM OF THE SAME PRESENTED TO YOU FROM TIME TO TIME ON THE SITE YOU ARE AGREEING TO THESE TERMS OF USE AND THAT SUCH ON-GOING ACTIONS IN USING THE SITE CONSTITUTE A LEGAL SIGNATURE AND ON-GOING AGREEMENT TO THESE TERMS OF USE (IN WHATEVER FORM).
All capitalized terms used in this Consent to Telehealth but not defined herein have the meanings assigned to them in the Terms of Use. For avoidance of any doubt, the terms "Next Level Telemed", "we", "us", or "our" refer to Next Level Telemed LLC and the terms "you" and "yours" refer to the person using the Service.
Telemedicine involves the delivery of healthcare services using electronic communications, information technology or other means between a healthcare provider and a patient who are not in the same physical location. Telemedicine may be used for diagnosis, treatment, follow-up and/or patient education, and may include, but is not limited to:
Electronic transmission of medical records, photo images, personal health information or other data between a patient and a healthcare provider;
Interactions between a patient and healthcare provider via audio, video and/or data communications; and Use of output data from medical devices, sound and video files.
The electronic systems used in the Next Level Telemed will incorporate network and software security protocols to protect the privacy and security of health information and imaging data, and will include measures to safeguard the data to ensure its integrity against intentional or unintentional corruption.
Can be easier and more efficient for you to access medical care and treatment.
You can obtain medical care and treatment at times that are convenient for you.
You can interact with providers without the necessity of an in-office appointment.
Information transmitted to your provider(s) may not be sufficient to allow for appropriate medical decision making by the provider(s).
The inability of your provider(s) to conduct certain tests or assess vital signs in-person may in some cases prevent the provider(s) from providing a diagnosis or treatment or from identifying the need for emergency medical care or treatment for you.
Your provider may not able to provide medical treatment for your particular condition via telemedicine and you may be required to seek alternative care.
Delays in medical evaluation/treatment could occur due to failures of the technology.
Security protocols or safeguards could fail causing a breach of privacy.
Given regulatory requirements in certain jurisdictions, your provider(s) treatment options, especially pertaining to certain prescriptions may be limited.
By accepting this Consent to Telehealth, you acknowledge your understanding and agreement to the following:
I have read this special Consent to Telehealth carefully, and understand the risks and benefits of the use of telemedicine in the medical care and treatment provided to me through Next Level Telemed platform by "Providers".
I give my informed consent to the use of telemedicine by providers affiliated with Next Level Telemed LLC.
I understand that the delivery of healthcare services via telemedicine is an evolving field and that the use of telemedicine in my medical care and treatment may include uses of technology not specifically described in this consent.
I understand that while the use of telemedicine may provide potential benefits to me, as with any medical care service no such benefits or specific results can be guaranteed. My condition may not be cured or improved, and in some cases, may get worse.
I understand that "Providers" may determine in his or her sole discretion that my condition is not suitable for treatment using telemedicine, and that I may need to seek medical care and treatment in-person or from an alternative source.
I understand that the same confidentiality and privacy protections that apply to my other health care services also apply to these telemedicine services.
I understand that I have access to all of my health and wellness information pertaining to the telemedicine services in accordance with applicable laws and regulations.
I understand that I can withhold or withdraw this consent at any time by emailing Next Level Telemed with such instruction. Otherwise, this consent will be considered renewed upon each new telemedicine consultation with "Providers".
I agree and authorize my health care provider to share information regarding the telemedicine exam with other individuals for treatment, payment and health care operations purposes.
I agree and authorize my health care provider to release information regarding the telemedicine exam to Next Level Telemed and its affiliates.
This policy describes the types of information Next Level Telemed or NextLevelTelemed.com ("Next Level Telemed," "we," "our," or "us") may collect from you or that you may provide when you visit NextLevelTelemed.com (our "Website") with the following summary information about you that Next Level Telemed collects through the Site, how that information is collected; how that information is used; who will have access to that information; and Next Level Telemed security measures for protecting that information.
This policy does not apply to information collected by us offline or through any other means, including on any other website operated by Next Level Telemed or any third party; or any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.
Next Level Telemed first interest is protecting your privacy. Next Level Telemed provides this policy to explain the type of information we collect and to inform you of the specific practice and or guidelines that protect the security and confidentiality of your personal information, including health information that individually identifies you, or protected health information Please read this policy carefully. If any term in this policy is unacceptable to you, please do not use the Website or provide any personal information. By accessing or using this Website, you signify your acknowledgment of this privacy policy. This policy may change from time to time and your use of the Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
This Privacy Policy applies to information collected through the Site. Please Read this Privacy Policy COMPLETELY.
When you create, register or log into an account through the Site you are automatically accepting and agreeing to the most-recent version of this Privacy Policy, as well as Next Level Telemed Terms and Conditions.
By visiting, or using the Site, you automatically accept and agree to the most-recent version of this Privacy Policy, Next Level Telemed Terms and conditions., and your continuing visit, access or use of the Site reaffirms your acceptance and agreement in each instance.
As used herein, the term "personal information" means information that would allow someone to specifically identify you or contact you physically or online (e.g., your name, physical address, telephone number, email address, social security number); and the term "non-personal information" means any information other than personal information that Next Level Telemed may collect from you.
CHILDREN UNDER THE AGE OF 13
Our Website is not intended for children under 18 years of age and included is a special caution for under the age of 13, and Next Level Telemed does not knowingly collect or use any personal information from children under the age of 18. No one under age 18 much less 13 may provide any information to or on the Website. By using the Website you confirm that you are not under the age of 13. If we learn we have collected or received personal information from a child under 13, we will delete that information. If you believe we might have any information from or about a child under the age of 13, please contact us at [email protected] or 1950 Lee Rd, Suite 208 Winter Park FL 32789 to request access to, correct, or delete any personal information that you have provided to us.
Site . Please submit any such request ("Request for Removal of Minor Information") to any one of the following:
By mail: Next Level Telemed LLC., attn.: PRIVACY 1950 Lee Rd, Suite 208 Winter Park FL 32789"Removal of Minor Information." By email: [email protected], with a subject line of "Removal of Minor Information." For each Request for Removal of Minor Information, please state "Removal of Minor Information" in the email or letter subject line, and clearly state the nature of your request;
Categories of Information Collected
Next Level Telemed may collect personal and non-personal information about you through the Site
Categories of Information Collected Through the Site. The categories of personal and non-personal information collected from you through the Site might include your:
Name
Login information for the Site (e.g., username, password, security questions and answers);
Home contact information (e.g., mailing address, email address, telephone number);
Gender;
Date of birth;
Electronic signature;
otographic or video image to the extent provided by you to Next Level Telemed Medical history, including the results of any questionnaires, surveys, information requests, interviews, or other documentary, text, video, or audio interactions related to the provision of health services Billing, payment or shipping information (e.g., payor or payee name, checking account number, credit card number, expiration date, verification code, accountholder name, cardholder name, billing address, mailing address, tax ID number, billing history); Business contact information (e.g., company, title, mailing address, email address, telephone number, facsimile number, tax ID number); and/or
Computer, mobile device, and/or browser information (e.g., IP address, mobile device ID information, operating system, connection speed, bandwidth, browser type, referring/exist web pages, web page requests, cookie information, hardware attributes, software attributes); Third-party website, network, platform, server and/or application information (e.g., Facebook, Twitter, Instagram); Usage activity concerning your interactions with the Site and/or third-party websites, networks, platforms, servers or applications accessed through the Site (e.g., number of clicks on a page or feature, amount of time spent on a page or feature, identity of third-party websites, networks, platforms, servers and applications being access through the Site. Usage activity concerning products and services provided to or accessed by you on or through the Site (e.g., viewing habits, viewing preferences, viewing history, title selections, favorites, streams, downloads, demographics and closed captioning selections). Transactional information (e.g., offers, orders, pricing, payments, purchaser, seller, item information, shipping terms, comments, ratings, feedback and instant messages and/or other communications made within or through the Site); Information about third parties that you refer to Next Level Telemed (e.g., name, email and/or other contact information, relationship); Information set forth in the Site's and online account registration, subscriber profile, and/or Statements or content (e.g., comments, videos, photographs, images), and information about such statements or content, which you submit or publish on or through the Site, or which are accessed via your public or linked social media pages (e.g., Facebook, Twitter, Instagram).
Categories of Other Information Collected From Your Mobile Device. If you use your mobile device to visit, access or use the Site, then additional categories of personal and non-personal information collected from you through the Site might include:
Your name associated with your mobile device;
Your telephone number associated with your mobile device;
Your geolocation;
Your mobile device ID information;
With your express consent, your contacts and/or contact information (e.g., names, telephone numbers, physical addresses, email addresses, photos) stored on your mobile device; and/or With your express consent, information about third-party software applications on your mobile device (including, without limitation, general software apps, downloadable software apps, social media apps).
>How Information Is Collected
Next Level Telemed might collect personal and non-personal information from you when you visit, access or use the Site; when you register with or subscribe to the Site; when you register for or subscribe to the products and/or services of Next Level Telemed online through the Site or, if applicable, other areas of the Site or the ; when you "sign in," "log in," or the like to the Site; when you allow the Site to access, upload, download, import or export content found on or through, or to otherwise interact with, your computer or mobile device (or any other device you may use to visit, access or use the Site) or online accounts with third-party websites, networks, platforms, servers or applications (e.g., your online social media accounts, your cloud drives and servers, your mobile device service provider); or whenever Next Level Telemed asks you for such information, such as, for example, when you process a payment through the Site, or when you answer an online survey or questionnaire.
In addition, if you or a third party sends Next Level Telemed a comment, message or other communication (such as, by way of example only, email, letter, fax, phone call, or voice message) about you or your activities on or through the Site , then Next Level Telemed may collect any personal or non-personal information provided therein or therewith.
Finally, Next Level Telemed might use various tracking, data aggregation and/or data analysis technologies, including, for example, the following:
Cookies, which are small data files (e.g., text files) stored on the browser or device you use to view a website or message. They may help store user preferences and activity, and may allow a website to recognize a particular browser or device. There are several types of cookies, including, for example, browser cookies, session cookies, and persistent cookies. Cookies may record information you access on one page of a website to simplify subsequent interaction with that website, or to help streamline your transactions on related pages of that website. Most major browsers are set up so that they will initially accept cookies, but you might be able to adjust your browser's or device's preferences to issue you an alert when a cookie is downloaded, or to block, reject, disable, delete or manage the use of some or all cookies on your browser or device.
Flash cookies, which are cookies written using Adobe Flash, and which may be permanently stored on your device. Like regular cookies, Flash cookies may help store user preferences and activity, and may allow a website to recognize a particular browser or device. Flash cookies are not managed by the same browser settings that are used for regular cookies.
Web beacons, which are pieces of code embedded in a website or email to monitor your activity on the website or your opening of the email, and which can pass along information such as the IP address of the computer or device you use to view the website or open the email, the URL page on which the web beacon is located, the type of browser that was used to access the website, and previously set cookie values. Web beacons are sometimes used to collect advertising data, such as counting page views, promotion views or advertising responses. Disabling your computer's, device's or browser's cookies may prevent some web beacons from tracking or recording certain information about your activities.
Scripts, which are pieces of code embedded in a website to define how the website behaves in response to certain key or click requests sent by the user. Scripts are sometimes used to collect information about the user's interactions with the website, such as the links the user clicks on. Scripts are often times temporarily downloaded to the user's computer or device from the website server, active only while the user is connected to the Site, and deactivated or deleted when the user disconnects from the website.
Analytic tools and services, which are sometimes offered by third parties, and which track, measure and/or generate information about a website's or program's traffic, sales, audience and similar information, and which may be used for various reasons, such as, for example, statistical research, marketing research, and content ratings research, and conversion tracking. Examples of the analytic tools and services which Next Level Telemed might use include Google Analytics and Taplytics. Next Level Telemed may also use other third-party analytic tools and services.
Please be advised that if you choose to block, reject, disable, delete or change the management settings for any or all of the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies, then certain areas of the Site might not function properly.
By visiting, accessing or using the Site, you acknowledge and agree in each instance that you are giving Next Level Telemed permission to monitor or otherwise track your activities on the Site, and that Next Level Telemed may use the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies.
>Use of Information Collected
Next Level Telemed may use the personal and/or non-personal information it collects from you through the Site in a variety of ways, such as, for example, to:
Fulfill your requests;
Process your payments;
Facilitate your use of the Site and/or their respective products and/or services;
Send you communications like, for example, administrative emails, answers to your questions and updates about the Site;
PProvide you with information about Next Level Telemed , Olympia Pharmacy, and/or their businesses, products and services by letter, email, text, telephone or other forms of communication;
Improve the Site, respective content, features and/or services; Improve the products, services, marketing and/or promotional efforts of Next Level Telemed ;
Create new products, services, marketing and/or promotions for Next Level Telemed ;
Market the businesses, products and/or services of Next Level Telemed ;
Help personalize user experiences with the Site, and/or their respective products and/or services;
Analyze traffic to and through the Site ;
Analyze user behavior and activity on or through the Site; Conduct research and measurement activities for purposes of product and service research and development, advertising claim substantiation, market research, and other activities related to Next Level Telemed, the Site, and/or their respective products and/or services;
Monitor the activities of you and others on or through the Site;
Place and track orders for prescription drugs and other products on your behalf;
Protect or enforce Next Level Telemed ' rights and properties; and/or Protect or enforce the rights and properties of others (which may include you).
Next Level Telemed reserves the right to use your personal and non-personal information when:
Required by applicable law, court order or other governmental authority (including, without limitation and by way of example only, in response to a subpoena or other legal process); or
Next Level Telemed believes in good faith that such use is otherwise necessary or advisable (including, without limitation and by way of example only, to investigate, prevent, or take legal action against someone who may be causing injury to, interfering with, or threatening the rights, obligations or properties of Next Level Telemed , a user of the Site which may include you which may include you, or anyone else who may be harmed by such activities or to further Next Level Telemed ' legitimate business interests).
Sharing of Information Collected
Next Level Telemed reserves the right to share your personal information with Next Level Telemed employees, agents, administrators, accountants, financial advisors and legal advisors; with Olympia Pharmacy, and its employees, agents, administrators, accountants, financial advisors and legal advisors; with Invigor Medical employed or contracted doctors, nurses and other providers, along with non-Next Level Telemed providers who might also provide you with health- or healthcare-related services; with pharmacies or other vendors that may fill your prescription drugs or other product orders; and with those third parties who help manage, administer distribute and/or operate the Site, and/or their respective products, services and/or features (e.g., web hosting companies, website administrators, support services companies, credit card or other payment processing companies), as needed in order for them to perform such services.
Next Level Telemed does not limit the ways in which it may use or share non-personal information because non-personal information does not identify you. For example, Next Level Telemed may freely share non-personal information with its affiliates, suppliers and representatives, as well as with other individuals, businesses, and government entities.
You may choose to share certain information and/or follow other users on the Site. You may choose to share your contact information with other users or provide it publicly.
Data Retention
Next Level Telemed may retain your personal information and non-personal information for as long as it believes necessary; as long as necessary to comply with its legal obligations, resolve disputes and/or enforce its agreements; and/or as long as needed to provide you with the products and/or services of the Site, and/or Next Level Telemed . Next Level Telemed may dispose of or delete any such personal information or non-personal information at any time, except as set forth in any other agreement or document executed by Next Level Telemed or as required by law.
Similarly, Olympia Pharmacy may retain your personal information and non-personal information for as long as it believes necessary; as long as necessary to comply with its legal obligations, resolve disputes and/or enforce its agreements; and/or as long as needed to provide you with the products and/or services of Olympia Pharmacy. Olympia Pharmacy may dispose of or delete any such personal information or non-personal information at any time, except as set forth in any other agreement or document executed by Olympia Pharmacy or as required by law.
Similarly, Invigor Medical may retain your personal information and non-personal information for as long as it believes necessary;
as long as necessary to comply with its legal obligations, resolve disputes and/or enforce its agreements; and/or as long as needed to provide you with the products and/or services of Invigor Medical.
Invigor Medical may dispose of or delete any such personal information or non-personal information at any time, except as set forth in any other agreement or document executed by
Invigor Medical or as required by law.
Transactions
In connection with any transaction that you conduct through the Site(e.g., the payment or the purchase or sale of any products on or through the Site), you may be asked to supply certain information relevant to the transaction, including, without limitation, your credit card number and expiration date, your billing address, your shipping address, your phone number and/or your email address. By submitting such information, you grant Next Level Telemed without charge the irrevocable, unencumbered, universe-wide and perpetual right to provide such information to third parties (e.g., payment processing companies, buyers on the Site , sellers on the Site) for the purpose of facilitating the transaction.
All credit card, debit card and other monetary transactions on or through the Site occur through an online payment processing application(s) accessible through the Site. This online payment processing application(s) is provided by Next Level Telemed third-party online payment processing vendor, Square ("Square"). Additional information about Square, its privacy policy and its information security measures (collectively, the "Square Policies") should be available on the Square website located at https://squareup.com/legal/privacyor by contacting Square directly. Reference is made to the Square Policies for informational purposes only and are in no way incorporated into or made a part of this Privacy Policy. Next Level Telemed relationship with Square, if any, is merely contractual in nature, as Square nothing more than a third-party vendor to Next Level Telemed, and is in no way subject to Next Level Telemed direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers or the like.
Third Party Applications and Networks
The Site, and/or any communications sent through or as a function of the Site may contain links to third-party websites, networks, platforms, servers and/or applications. To the fullest extent permitted by law, Next Level Telemed is not responsible for, and you hereby release Next Level Telemed from any and all liability which may arise from, such third party websites, networks, platforms, servers and applications (including, without limitation, the privacy policies and practices of such third-party websites, networks, platforms, servers, and applications).
You may have the opportunity to access the Site using your online user accounts with certain third-party websites, networks, platforms, servers or applications, which may be subject to separate privacy policies pertaining to those third-party websites, networks, platforms, servers or applications. Next Level Telemed may also collect information from those third-party websites, networks, platforms, servers or applications (such as, for example, your name, gender, date of birth and personal interests, when you "like" or click links provided by or through those third-party websites, networks, platforms, servers, or applications and other information available through your online account or page with those third-party websites, networks, platforms, servers or applications). It is your responsibility to carefully read, accept and comply with the relevant terms of use, waivers, and privacy policies associated with those third-party websites, networks, platforms, servers and applications.
Security
Next Level Telemed implements security measures to help protect the personal information it collects through the Site and the App. For example, Next Level Telemed encrypts the transmission of information through the Site by using secure socket layer (SSL) technology.
Regardless of the foregoing, please observe that "perfect" or "100%" security does not exist on the Internet. Therefore, your access and use of the Site, and your opening of any communications sent through or as a function of the Site, are done at your own risk.
To help maintain the security of your personal information, Next Level Telemed asks that you please notify it immediately of any unauthorized visit, access or use of the Site, or the loss or unauthorized use of your user access information for the Site (e.g., username or password).
Retention, Review, and Change of Information Collected
You may request at any time that Next Level Telemed provide you with an opportunity to review and change your personal information collected through the Site or to no longer use your personal information to provide you with any products or services. Please submit any such request ("Request Concerning Personal Information") to any one of the following:
By email: [email protected], with a subject line of "Privacy Policy
By mail:
Next Level Telemed.: 1950 Lee Road #208, Winter Park FL 32789
For each Request Concerning Personal Information, please state "Your Personal Information" in the email or letter subject line, and clearly state the nature of your request;
If you send a Request Concerning Personal Information by mail, then please do so by U.S. Certified Mail, Return Receipt Requested to allow for confirmation of mailing, delivery and Next Level Telemed will not accept a Request Concerning Personal Information via telephone or facsimile. Next Level Telemed is not responsible for any Request Concerning Personal Information that is incomplete, incorrectly labeled, or incorrectly sent.
You are solely responsible for the accuracy and content of your personal information, and for keeping your personal information current and correct.
Your California Privacy Rights
If you are a resident of the State of California and Next Level Telemed has an established business relationship with you, then, pursuant to Section 1798.83 of the California Civil Code, you have the right to request the following at any time: (a) information from Next Level Telemed free of charge regarding the manner in which Next Level Telemed shares certain personal information collected through the Site with third parties who use such information for direct marketing purposes; and (b) the discontinuation (or opt-out) of Next Level Telemed sharing of such information with such third parties. Please submit any such request ("California Privacy Rights Request") to any one of the following:
By email: [email protected], with a subject line of "Privacy Policy
By mail:
Next Level Telemed.: 1950 Lee Road #208, Winter Park FL 32789
For each California Privacy Rights Request, please state "Your California Privacy Rights" in the email or letter subject line, and clearly state the following the nature of your request.
If you send a Request Concerning Personal Information by mail, then please do so by U.S. Certified Mail, Return Receipt Requested to allow for confirmation of mailing, delivery and Next Level Telemed will not accept a Request Concerning Personal Information via telephone or facsimile. Next Level Telemed is not responsible for any Request Concerning Personal Information that is incomplete, incorrectly labeled, or incorrectly sent.
You are solely responsible for the accuracy and content of your personal information, and for keeping your personal information current and correct.
Modifications of this Privacy Policy>
Next Level Telemed may supplement, amend, or otherwise modify this Privacy Policy at any time without notice to you. Such supplements, amendments and other modifications will be posted on this or a similar page of the Site, and shall be deemed effective as of their stated effective or modification date. It is your responsibility to carefully review this Privacy Policy each time you visit, access or use the Site.
Again, by visiting, accessing or using the Site, you are automatically accepting and agreeing to the most-recent version of this Privacy Policy, as well as the most-recent version of the Sites Terms and Conditions , your continuing visit, access or use of the Site reaffirms your acceptance and agreement in each instance.
Severability
If any term or condition of this Privacy Policy is deemed invalid or unenforceable by a court of law with binding authority, then the remaining Terms and Conditions shall not be affected, and the court shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the intent of this Privacy Policy.
Contact Us
Please direct any questions you may have about this Privacy Policy, the Site to any one of the following:
By email: [email protected], with a subject line of "Privacy Policy
By mail:
Next Level Telemed.: 1950 Lee Road #208, Winter Park FL 32789
The foregoing contact information may change from time-to-time by supplementation, amendment, or modification of this Privacy Policy.
Your access to and use of the Service is subject to these Terms and Conditions as well as all applicable laws and regulations. If you do not accept and agree to be bound by any of these Terms and Conditions, you are not authorized to access or otherwise use the Service or any information or Content provided through the Service, as defined in these Terms and Conditions. The Service is continually under development, and Next Level Telemed reserves the right to review or remove any part of these Terms and Conditions in its sole discretion at any time and without prior notice to you. Any changes to these Terms and Conditions are effective upon posting to the Site. Unless otherwise indicated, any new Content added to the Service is also subject to these Terms and Conditions upon posting to the Site. If you disagree with these Terms and Conditions, your sole remedy is to discontinue your use of the Service. Your continued use after a change has been posted constitutes your acceptance of the changes.
AVAILABILITY
Service currently is only available to individuals in: Arizona, California, Colorado, Connecticut, District of Columbia, Florida, Georgia, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Mississippi, Missouri, Montana, Nebraska, New Jersey, New Mexico, New York, Nevada, North Carolina, Ohio, Oklahoma, Pennsylvania, Tennessee, Texas, Virginia, Washington, West Virginia, Wisconsin, Wyoming. while utilizing the Service (“States Where We Operate“). Health care providers providing Services through the Site are licensed to practice in the states in which they treat patients.
Telemedicine involves the delivery of health care services using electronic communications, information technology, or other means between a health care provider and a patient who are not in the same physical location. Telemedicine may be used for diagnosis, treatment, follow-up and/or patient education, and may include, but is not limited to:
● Electronic transmission of medical records, photo images, personal health information, or other data between a patient and health care provider;
● Interactions between a patient and health care provider via audio, video, and/or data communications; and
● Use of output data from medical devices, sound, and video files. The electronic systems used in the Next Level Telemed service will incorporate network and software security protocols to protect the privacy and security of health information and imaging data, and will include measures to safeguard the data to ensure its integrity against intentional or unintentional corruption.
Please see our Consent to Telehealth available on the Site and at NextLevelTelemed.com for a description of the risks and benefits of telemedicine. The Consent to Telehealth is hereby incorporated into these Terms and Conditions by reference and constitutes a part of these Terms and Conditions.
Next Level Telemed understands the importance of confidentiality and privacy regarding your health information. Please see our Privacy Policy available on the Site and at NextLevelTelemed.com for a description of how we may collect and use your personal information. The Privacy Policy is hereby incorporated into these Terms and Conditions by reference and constitutes a part of these Terms and Conditions.
Next Level Telemed provides a platform for you to consult with a health care provider affiliated with Invigor Medical. or similar affiliated professional entity and obtain access to additional information, which you may or may not choose to utilize in planning your health care and wellness. The health and wellness resources made available through our Service are not a substitute for direct in-person health care services in all cases. The decision to focus on diagnosis, treatment recommendations, or both rests with you and the health care provider. You understand that by coordinating and in certain cases consulting with a Invigor Medical or affiliate health care provider through the Service, you are not entering into a provider-patient relationship with Next Level Telemed.
By accepting the Terms and Conditions, you understand that a health care provider may send you messages, reports, and emails via the Service regarding the treatment of your condition or in response to your inquiry. It is your responsibility to monitor these messages, reports, and emails. You agree that you will not hold us liable for any loss, injury, or claims of any kind resulting from your failure to read these messages or for your failure to comply with any treatment recommendations contained in these messages.
In some cases, Invigor Medical or affiliated health care provider may use the Service to provide advice or treatment to you. A health care provider consulting with you through the Service may not have the benefit of information that would be obtained by examining you in person and observing your physical condition, in each instance. Therefore, the health care provider may not be aware of facts or information that would affect his or her opinion of your diagnosis. To reduce the risk to you of this limitation, Next Level Telemed strongly encourages you to provide all relevant information and discuss all diagnosis and treatment options with a health care provider. Moreover, a health care provider utilizing Next Level Telemed may be limited by state law in prescribing certain medications to you without first conducting an in-person physical examination. By deciding to engage the Services, you acknowledge and agree that you are aware of these limitations and agree to assume the risk of these limitations. Furthermore, you agree and accept that: (i) the diagnosis you will receive is limited and, in some cases, provisional; (ii) the health care services are not intended, in all cases, to replace a full medical evaluation or an in-person visit with a health care provider; (iii) a health care provider acting through the Service may not have important information that is usually obtained through a “hands-on” physical examination; and (iv) the absence of a physical examination may affect the health care provider’s ability to diagnose your condition, disease or injury.
Other than the personalized content we send you through email, you should not consider Content on the Site to be medical advice.
You are obligated to register with Next Level Telemed in order to access the Service, although certain pages of the Site are accessible by any individual and subject to the Terms and Conditions available on the Site. However, the Service is available only to users who have registered with Next Level Telemed or other persons affiliated with Next Level Telemed who have been granted accounts with usernames and passwords (“Secure Users”). If you are a Secure User, you agree to accurately maintain and update any information about yourself that you have provided to Next Level Telemed. If you do not maintain such information, or Next Level Telemed has reasonable grounds to suspect as much, Next Level Telemed has the right to suspend or terminate your account and your use of the Service. You also agree to immediately notify Next Level Telemed of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Service by emailing Next Level Telemed at [email protected]. Next Level Telemed reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the website and your Secure User account.
You agree to keep in confidence your username and password and to exit from your Secure User account at the end of each session. You are responsible for maintaining the confidentiality of your password and for all activities that occur under your account. You are responsible for changing your password promptly if you think it has been compromised. You may not transfer or share your password with anyone, or create more than one account. Creating more than one account substantially limits our ability to provide appropriate care. Next Level Telemed explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section. You may not use anyone else’s account at any time.
With the exception of any personal data or information you submit maintained in accordance with our Privacy Policy (which may be governed by the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, “HIPAA”) or related state-specific privacy laws and regulations), any information you transmit to Next Level Telemed via the Service, whether by direct entry, submission, email or otherwise, including data, questions, questionnaires, comments, forum communications, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of Next Level Telemed and/or (i) Invigor Medical., (ii) similar affiliated professional entities, or (iii) individual health providers utilizing the Service.
Such information may be used for any purpose, including, without limitation, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. Next Level Telemed shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Next Level Telemed via the Service or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products using such information.
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), and other Content, are owned or used under license by Next Level Telemed and are protected by United States and international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws. These Terms and Conditions permit you to use the website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material website except as generally and ordinarily permitted through the website according to these Terms of Use. You must not access or use for any commercial purposes any part of the website.
Certain names, logos, and other materials displayed on the website may constitute trademarks, trade names, service marks or logos (“Marks “) of Next Level Telemed or other entities. You are not authorized to use any such Marks without the express written permission of Next Level Telemed. Ownership of all such Marks and the goodwill associated therewith remains with us.
Next Level Telemed may suspend or terminate your use of the website for any reason at any time. Subject to applicable law, Next Level Telemed reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the website pursuant to its internal record retention and/or content destruction policies. After such termination, Next Level Telemed will have no further obligation to provide the Service, except to the extent we are obligated to provide you access to your health records or we are required to provide you with continuing care under our applicable legal, ethical and professional obligations to you. You agree that if your use of the Service is terminated pursuant to these Terms and Conditions, you will not attempt to use the Service under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold Next Level Telemed harmless from any and all liability that Next Level Telemed may incur therefore.
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. WE PROVIDE THE WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEXT LEVEL TELEMED EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, AND SYSTEM INTEGRATION.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL NEXT LEVEL TELEMED OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
You agree to indemnify, defend, and hold harmless NEXT LEVEL TELEMED, its affiliates, subsidiaries, and its directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys harmless from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorneys’ fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from, your use of the Service, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms and Conditions.
You may only use the website from a computer or mobile phone located in the States Where We Operate. NEXT LEVEL TELEMED makes no representation that the website is appropriate or available for use in locations outside the States Where We Operate.
By using the NEXT LEVEL TELEMED Pharmacy Network (i.e., third party pharmacies with whom we partner), you acknowledge that your medication, if approved, will not be shipped in child-resistant packaging and that you must keep it out of the reach of children.
These Terms and Conditions and your use of the website shall be governed by the laws of the State of Florida, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these Terms of Use will be resolved exclusively by final and binding arbitration in Orlando, Florida under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security. The parties agree to the personal and subject matter jurisdiction and venue of the courts located in Orlando, Florida for any action related to these Terms and Conditions. All parts of these Terms and Conditions apply to the maximum extent permitted by law. We both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce to the extent permitted by law. The invalidity of part of these Terms and Conditions will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.
No waiver by Next Level Telemed of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such Terms and Conditions or a waiver of any other term or condition, and any failure of Next Level Telemed to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
Neither these Terms and Conditions, nor any Content, materials or features of the Service create any partnership, joint venture, employment, or other agency relationship between us and you. You may not enter into any contract on our behalf or bind us in any way.
You agree that any violation, or threatened violation, by you of these Terms and Conditions constitutes an unlawful and unfair business practice that will cause us irreparable and un-quantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
You may not assign any of your rights under these Terms and Conditions , and any such attempt will be null and void. Next Level Telemed, Invigor Medical, Olympia Pharmacy, and their affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms and Condition if some or all of the business of Next Level Telemed is transferred to another entity by way of merger, sale of its assets or otherwise.
The Digital Millennium Copyright Act of 1998 (the “DMCA “) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the WEBSITE infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter notice. Notices and counter-notices the Internet infringes their rights under U.S. copyright law. One place to find more information is the U.S. Copyright Office Website, currently located at http://www.loc.gov/copyright. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to Next Level Telemed LLC. 1950 Lee RD Suite 208, Winter Park FL 32789
