What information do we collect?
We collect information from you when you register on the site, place an order, enter a contest or sweepstakes, respond to a survey or communication such as e-mail, or participate in another site feature.
When ordering or registering, we may ask you for your name, e-mail address, mailing address, phone number, credit card information or other information. You may, however, visit our site anonymously.
How do we use your information?
We may use the information we collect from you when you register, purchase products, enter a contest or promotion, respond to a survey or marketing communication, surf the Web site, or use certain other site features in the following ways:
To personalize your site experience and to allow us to deliver the type of content and product offerings in which you are most interested.
To allow us to better service you in responding to your customer service requests.
To quickly process your transactions.
To administer a contest, promotion, survey or other site feature.
If you have opted-in to receive our e-newsletter, we may send you periodic e-mails. If you would no longer like to receive promotional e-mail from us, please email us at Support@bmiMD.com. If you have not opted-in to receive e-newsletters, you will not receive these e-mails. Visitors who register or participate in other site features such as marketing programs and ‘members-only’ content will be given a choice whether they would like to be on our e-mail list and receive e-mail communications from us.
Use of Information
In connection with providing the Service, we and our affiliates and service providers may use your information, for a number of purposes, including, but not limited to:
Verifying your identity;
Confirming your location;
Administering your account;
Fulfilling your requests;
Processing your payments;
Facilitating your use of the Service and/or products or services offered through the Service;
Communicating with you by letter, email, text, telephone or other forms of communication;
Providing you with information about the Service;
Providing you with customer support;
Providing you with information about third-party businesses, products and services;
Developing, testing or improving the Service and content, features and/or products or services offered via the Service;
Identifying or creating new products, services, marketing and/or promotions for bmiMD or the Service;
Promoting and marketing bmiMD, the Service, and the products and/or services offered via the Service;
Improving user experiences with the Service;
Analyzing traffic to and through Service;
Analyzing user behavior and activity on or through the Service;
Conducting research and measurement activities for purposes of product and service research and development, advertising claim substantiation, market research, and other activities related to bmiMD, the Service or products and services offered via the Service;
Monitoring the activities of you and others on or through the Service;
Placing and tracking orders for products or services on your behalf;
Protecting or enforcing bmiMD’s rights and properties;
Protecting or enforcing the rights and properties of others (which may include you);
When required by applicable law, court order or other governmental authority (for example, in response to a subpoena or other legal process); or bmiMD believes in good faith that such use is otherwise necessary or advisable (for example, 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 bmiMD, a user of the Service, which may include you, or anyone else who may be harmed by such activities or to further bmiMD’s legitimate business interests).
We may de-identify your information and use, create and sell such de-identified information, or any business or other purpose not prohibited by applicable law.
Notice of Privacy Practices
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
bmiMD and its one or more affiliated professional entities are committed to protecting the confidentiality of patients’ medical information. This Notice of Privacy Practices (“Notice”) describes how we may use and disclose your medical information and your rights concerning your medical information. This Notice is provided to you pursuant to the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (“HIPAA”).
We are required to (i) maintain the privacy of your medical information as required by law; (ii) provide you with this Notice stating our legal duties and privacy practices with respect to your medical information; (iii) abide by the terms of this Notice; and (iv) notify you following a breach of your medical information that is not secured in accordance with certain security standards.
We reserve the right to change the terms of this Notice and to make the provisions of the new Notice effective for all medical information that we maintain. If we change the terms of this Notice, the revised Notice will be made available upon request and posted at our office. Copies of the current Notice may be obtained by contacting our Privacy Officer
USES AND DISCLOSURES WITHOUT YOUR AUTHORIZATION
The following categories describe different ways that we use and disclose medical information. For each category of uses or disclosures, we will explain what we mean and try to give an example. Not every use or disclosure in a category is listed. However, all of the ways we are permitted to use and disclose medical information fall within one of the categories.
Treatment: We may use and disclose your medical information to provide, coordinate and/or manage your treatment, health care, or, other related services. For example, we may disclose medical information about you to your primary care doctor or another provider who is involved in your care. We may also use your medical information to remind you about an upcoming appointment.
Payment: We may use and disclose your medical information as needed to bill or obtain payment for the treatment and services provided. For example, we may contact your health plan to determine whether it will authorize payment for our services or to determine the amount of your co-payment or co-insurance.
Health Care Operations: We may use or disclose your medical information in order to carry out our general business activities or certain business activities. These activities include, but are not limited to, training and education; quality assessment/improvement activities; risk management; claims management; legal consultation; licensing; and other business planning activities. For example, we may use your medical information to evaluate the quality of care we are providing.
Family and Friends: We may disclose your medical information to a family member or friend who is involved in your medical care or to someone who helps pay for your care. We may also use or disclose your medical information to notify (or assist in notifying) a family member, legally authorized representative or other person responsible for your care of your location, general condition or death. If you are a minor, we may release your medical information to your parents or legal guardians when we are permitted or required to do so under federal and applicable state law.
Third Parties: We may disclose your medical information to third parties with whom we contract to perform services on our behalf. If we disclose your information to these entities, we will have an agreement with them to safeguard your information. Examples of these third parties include, but are not limited to, accreditation agencies, management consultants, quality assurance reviewers, collection agencies, transcription services, etc.
Required by Law: We may use or disclose your medical information to the extent the use or disclosure is required by law. Any such use or disclosure will be made in compliance with the law and will be limited to what is required by the law.
Public Health Activities: We may disclose your medical information for public health activities. These activities generally include the following:
- To prevent or control disease, injury or disability
- To report child abuse or neglect
- To report reactions to medications or problems with products
- To notify people of recalls of products they may be using
- To notify a person who may have been exposed to a disease or may be at risk for contracting or spreading a disease or condition
- To notify the appropriate government authority if we believe you have been the victim of abuse, neglect or domestic violence. We will only make this disclosure if you agree or when otherwise required by law to the make the disclosure.
Health Oversight Activities: We may disclose your medical information to a health oversight agency for activities authorized by law. These oversight activities include, for example, audits; investigations, proceedings or actions; inspections; and disciplinary actions; or other activities necessary for appropriate oversight of the health care system, government programs and compliance with applicable laws.
Law Enforcement: We may disclose your medical information to law enforcement in very limited circumstances, such as to identify or locate suspects, fugitives, witnesses or victims of a crime, to report deaths from a crime, and to report crimes that occur on our premises.
Judicial and Administrative Proceedings: We may disclose information about you in response to an order of a court or administrative tribunal as expressly authorized by such order.
To Avert a Serious Threat to Health or Safety: We may use or disclose your medical information when necessary to prevent a serious and imminent threat to your health or safety or the health and safety of the public or another person. Any disclosure would only be to someone able to help prevent the threat of harm.
Disaster Relief Efforts: We may use or disclose your medical information to an authorized public or private entity to assist in disaster relief efforts. You may have the opportunity to object unless it would impede our ability to respond to emergency circumstances.
Coroners, Medical Examiners and Funeral Directors: We may disclose medical information consistent with applicable law to coroners, medical examiners and funeral directors only to the extent necessary to assist them in carrying out their duties.
Organ and Tissue Donation: We may disclose medical information consistent with applicable law to organizations that handle organ, eye or tissue donation or transplantation, only to the extent necessary to help facilitate organ or tissue donation or transplantation.
Research: Under certain circumstances, we may also use and disclose information about you for research purposes. All research projects are subject to a special approval process through an appropriate committee.
Workers’ Compensation: We may disclose your medical information as authorized by law to comply with workers’ compensation laws and other similar programs established by law.
Military, Veterans, National Security and Other Government Purposes: If you are a member of the armed forces, we may release your medical information as required by military command authorities or to the Department of Veterans Affairs. We may also disclose your medical information to authorized federal officials for intelligence and national security purposes to the extent authorized by law.
Correctional Institutions: If you are or become an inmate of a correctional institution or are in the custody of a law enforcement official, we may disclose to the institution or law enforcement official information necessary for the provision of health services to you, your health and safety, the health and safety of other individuals and law enforcement on the premises of the institution and the administration and maintenance of the safety, security and good order of the institution.
OTHER USES AND DISCLOSURES REQUIRE YOUR AUTHORIZATION
If we wish to use or disclose your medical information for a purpose not set forth in this Notice, we will seek your authorization. Specific examples of uses and disclosures of medical information requiring your authorization include: (i) most uses and disclosures of your medical information for marketing purposes; (ii) disclosures of your medical information that constitute the sale of your medical information; and (iii) most uses and disclosures of psychotherapy notes (private notes of a mental health professional kept separately from a medical record). You may revoke an authorization in writing at any time, except to the extent that we have already taken action in reliance on your authorization.
YOUR MEDICAL INFORMATION RIGHTS
Inspect and/or obtain a copy of your medical information. You have the right to inspect and/or obtain a copy of your medical information maintained in a designated record set. If we maintain your medical information electronically, you may obtain an electronic copy of the information or ask us to send it to a person or organization that you identify. To request to inspect and/or obtain a copy of your medical information, you must submit a written request to our Privacy Officer. If you request a copy (paper or electronic) of your medical information, we may charge you a reasonable, cost-based fee.
Request a restriction on certain uses and disclosures of your medical information. You have the right to ask us not to use or disclose any part of your medical information for purposes of treatment, payment or health care operations. While we will consider your request, we are only required to agree to restrict a disclosure to your health plan for purposes of payment or health care operations (but not for treatment) if the information applies solely to a health care item or service for which we have been paid out of pocket in full. If we agree to a restriction, we will not use or disclose your medical information in violation of that restriction unless it is needed to provide emergency treatment. We will not agree to restrictions on medical information uses or disclosures that are legally required or necessary to administer our business. To request a restriction, you must submit a written request to our Privacy Officer.
Request confidential communications. You have the right to request that we communicate with you in a certain way or at a certain location. For example, you can ask that we only contact you at work or by mail. To request a confidential communication of your medical information, you must submit a written request to our Privacy Officer stating how or when you would like to be contacted. We will not require you to provide an explanation for your request. We will accommodate all reasonable requests.
Request an amendment to your medical information. If you believe that any information in your medical record is incorrect or if you believe important information is missing, you may request that we amend the existing information. To request such an amendment, you must submit a written request to our Privacy Officer.
Request an accounting of certain disclosures. You have the right to receive an accounting of certain disclosures we have made of your medical information. To request an accounting, you must submit a written request to our Privacy Officer. The first accounting you request within a 12-month period will be provided free of charge. We may charge you for any additional requests in that same 12-month period.
Obtain a paper copy of this Notice. You have the right to obtain a paper copy of this Notice upon request, even if you agreed to accept this Notice electronically. To obtain a paper copy of this Notice, contact our Privacy Officer.
We will not use or share your information if state law prohibits it. Some states have laws that are stricter than the federal privacy regulations, such as laws protecting HIV/AIDS information or mental health information. If a state law applies to us and is stricter or places limits on the ways we can use or share your health information, we will follow the state law. If you would like to know more about any applicable state laws, please ask our Privacy Officer.
QUESTIONS, CONCERNS OR COMPLAINTS
If you have any questions or want more information about this Notice or how to exercise your medical information rights, you may contact us at: hello@bmiMD.com.
Where does bmiMD source its prescription medication?
bmiMD sources its prescription medication from licensed 503a compounding pharmacies. We typically use the compounding pharmacies listed below, and the specific pharmacy we use depends on the state where the client is located. Clients also have the option to select an alternate compounding pharmacy.
- Precision Compounding Pharmacy - 2657 Merrick Road, Bellmore, NY 11710 (P: 516-833-6262)
If you'd like to know the specific pharmacy that will be used to fill your prescription, ask your clinician during your initial consultation or reach out to your Guide.
By continuing to use the Services, you agree as follows:
You are at least 18 years old;
You understand and intend that this Agreement is a legally binding agreement and the equivalent of a signed, written contract;
You understand, accept, and have received these Terms, and acknowledge and demonstrate that you can access these Terms at will
.IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. DO NOT LOG IN TO THE SYSTEM AND IMMEDIATELY DELETE ALL INSTALLED FILES, IF ANY, OF THE ACCOMPANYING SERVICES AND MATERIALS FROM YOUR COMPUTER OR MOBILE DEVICE. THE APPLICATION IS INTENDED TO BE USED AS A PART OF A PHYSICAL ASSESSMENT OR MONITORING OF A PATIENT BY HEALTHCARE PROFESSIONALS FOR DIAGNOSTIC DECISION SUPPORT.ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND bmiMD WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU CAN OPT OUT OF THE AGREEMENT TO ARBITRATE BY CONTACTING firstname.lastname@example.org WITHIN 30 DAYS OF ACCEPTING THESE TERMS.
Purpose of the Services
If you are a patient, our software is provided to you free of charge on behalf of your healthcare provider (“Provider”). If you are a Provider, our software is provided to you subject to these Terms and any other agreements entered into between You and bmiMD.
For patients and Providers, the software is provided in order to:
Allow patients and Providers to utilize the Services and Devices,
Allow patients and providers to access the transmitted data and bmiMD's wireless, mobile, and web-based management systems and technologies.
NOTE: Medccm inc (dba bmiMD) is not a healthcare provider nor do we provide any healthcare services. We are not a health insurance company and we are not licensed to sell health insurance.
We Do NOT Provide Medical Advice
Our Services provide an online option for Providers and patients to communicate about medical conditions that are not serious or life threatening and do not present an emergency. It is NOT intended for use in connection with active patient monitoring to allow immediate clinical action or continuous monitoring by a health care provider or the patient.
THE SERVICES CANNOT AND ARE NOT DESIGNED, INTENDED OR APPROPRIATE TO REPLACE THE PROVIDER-PATIENT RELATIONSHIP OR TO ADDRESS SERIOUS, EMERGENCY, OR LIFE-THREATENING MEDICAL CONDITIONS AND SHOULD NOT BE USED IN THOSE CIRCUMSTANCES. PATIENTS SHOULD ALWAYS TALK TO THEIR HEALTHCARE PROVIDER(S) FOR DIAGNOSIS AND TREATMENT, INCLUDING INFORMATION REGARDING WHICH DRUGS, THERAPY, OR OTHER TREATMENT MAY BE APPROPRIATE FOR THEM.
Medccm, Inc. operating under the trade name of bmiMD (“bmiMD”) is not liable in any way, to patients or to Providers, for any malpractice or substandard treatment a Provider provides. You are using the Services at your own risk.
Patients: If at any time you are concerned about your care or the treatment, or you believe or someone else advises you that you have a serious or life-threatening condition, call 9-1-1 immediately in areas where that service is available, or go to the nearest open clinic or emergency room.
Your Provider will base their medical advice on the personal health data you provide through the Services and the data transmitted from your Devices. If you do not provide complete and accurate personal health data, the medical advice you receive may not be correct. Any content provided or accessed through the Services, including without limitation information provided by bmiMD’s staff in response to questions you may submit through the Services, is for informational purposes only, and is not intended to cover all possible uses, directions, precautions, drug interactions, or adverse effects. Please consult your doctor or other qualiﬁed health care provider if you have any questions about a medical condition, or before taking any drug, changing your diet, or commencing or discontinuing any course of treatment. Never disregard, avoid, or delay in obtaining medical advice from a doctor or other qualified healthcare provider because of something posted on our Services.
Medccm, Inc. operating under the trade name of bmiMD (“bmiMD”) DOES NOT ENDORSE OR RECOMMEND ANY PROVIDER, AND WE DO NOT CONFIRM THE CREDENTIALS OF ANY PROVIDERS. WE DO NOT CONTROL THE MEDICAL ADVICE THE PROVIDER GIVES, AND WE DO NOT HAVE ACCESS TO OR USE ANY OF THAT ADVICE. IT IS YOUR RESPONSIBILITY TO SEPARATELY CONFIRM THAT A HEALTHCARE PROVIDER IS PROPERLY LICENSED.1.0 REGISTRATION; TERM OF REGISTRATION1.1. Registration through the Application
You must be a registered user with bmiMD in order to use the Application. You may register through the Application or through the Website. By submitting the information requested in the Application’s online registration form, You may access and use the Application and Website to view certain data pertaining to You as made available by bmiMD. You may not access or use the Application or Website for any other purpose.
By registering for an account, you represent and warrant:
Your registration data is true, accurate, current, and complete;
You will update your registration as needed data to make sure it is accurate;
You meet all of the Eligibility requirements set forth below; and
You are authorized to create an account (either for yourself or on behalf of another person)DO NOT USE THE SERVICES WHERE PROHIBITED BY LAW. YOU UNDERSTAND THAT YOUR USE OF THE SERVICES MAY INVOLVE OR REQUIRE THE TRANSMISSION OF SIGNIFICANT AMOUNTS OF DATA. YOU ARE RESPONSIBLE FOR ALL DATA CHARGES THAT MAY BE CHARGED BY YOUR WIRELESS CARRIER OR INTERNET SERVICE PROVIDER OR THAT MAY OTHERWISE ARISE FROM YOUR USE OF THE SERVICES.
1.2. Term of Your registration
The term of Your registration will commence as of the date You complete Your online registration form (“Registration Date”) and, unless earlier terminated in accordance with these Terms will continue in perpetuity (“Term”). Notwithstanding the foregoing, Your registration may automatically expire following any period of inactivity associated with Your account in excess of twelve (12) consecutive months.
You must be at least 18 years of age to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years of age; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with all applicable laws and regulations in your local jurisdiction. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
1.5 Keeping your Information Secure
You need to provide bmiMD with a valid, working e-mail address to access and use the Services. When you register, you will create a password for your account. Your e-mail address and password and any codes assigned to you are your “User Information.” When you create an account with us, you guarantee that the information you provide is accurate, complete, and current.
You MUST:(A) Keep your User Information private,(B) Do not allow another person to use your User Information to access the Services, and(C) Do not allow another person to use your Device(s).To protect your conﬁdential healthcare information, it is good practice to enable touch ID, ﬁngerprint ID, Face ID, and/or a passcode on your smartphone.
If you do not do the above and bmiMD suffers damages as a result, you will be responsible for all of those damages. You agree to immediately notify bmiMD in writing by email of any unauthorized use of your User Information or any other breach of security.
All of your communications using the Services can and will be monitored, captured, recorded, and transmitted to government authorities if we decide it is necessary, and we do not have to notify you.
2.0 MODIFICATIONS TO THE APPLICATION / TERMS
2.1. We Have the Right to Change These Terms
We may, at any time, modify, discontinue or terminate the Services or modify these Terms, without prior notice to you. If we modify these Terms, we will post the changes on our website or Application. If you continue to use the Services after we have let you know about the changes, you agree to be bound by the modified Terms. If the changes are not acceptable to you, you should immediately stop using the Services.
3.0 YOUR USE OF THE SERVICES
You shall use the Application and Website in strict compliance with (1) these Terms; (2) any additional applicable instructions, guidelines or policies issued by bmiMD, including those posted within the Application or on the Website; and (3) all applicable laws, rules and regulations (collectively, “Laws”).4.2 Use Prohibitions
You agree to use the Website and Application only for their intended purpose. You must use the Website and Application in compliance with all privacy, data protection, intellectual property, and other applicable laws.
While using the Services, you shall not:
(A) Post, upload, publish, submit, transmit or otherwise make available any content that you do not have a right to make available;
(B) Use, display, mirror or frame the Services, or any individual element within the Services, bmiMD or bmiMD's name, any bmiMD trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without bmiMD's express written consent;
(C) Access, tamper with, or use non-public areas of the Services, bmiMD's computer systems, or the technical delivery systems of bmiMD's service providers;
(D) Attempt to probe, scan, or test the vulnerability of any bmiMD system or network or breach any security or authentication measures;
(E) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by bmiMD or any third party to protect the Services;
(F) Attempt to access or search the Services or download materials from the Services through the use of any engine, software, tool, agent, device, or mechanism (including scripts, bots, spiders, scrapers, crawlers, data mining tools or the like) other than the software and/or search agents provided by bmiMD or other generally available third party web browsers;
(G) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
(H) Use any meta tags or other hidden text or metadata utilizing an bmiMD trademark, logo, URL, or product name without bmiMD’s express written consent;
(I) Use the Services or materials for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
(J) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or materials to send altered, deceptive or false source-identifying information;
(K) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or materials;
(L) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
(M) Collect or store any personally identifiable information (not your own) from the Services;
(N) Impersonate or misrepresent your affiliation with any person or entity;
(O) Violate any applicable law or regulation; or
(P) Encourage or enable any other individual to do any of the above.
4.3 Computer Equipment; Browser Access and Internet Services
With the exception of the Devices provided to you, you are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment (collectively, “Systems”) necessary for you to access and use the Services. This includes, without limitation, obtaining internet services, using up to date web-browsers and the best commercially available encryption, antivirus, anti-spyware, and internet security software. There are always certain security and access availability risks associated with using open networks such as the Internet, and you expressly assume such risks. You are responsible for the data security of the Systems used to access the Services and for the transmission and receipt of information using such Systems. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or your System.
5.0 INTELLECTUAL PROPERTY RIGHTS; RESTRICTIONS ON USE
5.1. Ownership of the Services and Related Data
The Services and all materials on the Services are owned or licensed by bmiMD. We grant to you, for your personal purposes only, a nonexclusive, limited, and revocable right to access and use the Services during the term of this agreement, so long as you comply with these Terms. You agree not to use the Services for any other purpose, including commercial purposes, such as co-branding, framing, linking, or reselling any portion of the Services without our prior written consent.
You may access, download or print the materials available through the Services for non-commercial purposes and solely within the scope allowable by these Terms. You may not use the materials for any other purpose without our express written permission. Any unauthorized use of words or images from the Services may violate copyright laws, trademark laws, laws of privacy and publicity, and civil and criminal statutes
You may not use bmiMD’s name, trademarks, service marks or logos or those of third parties appearing on the Services in any advertising or publicity, or otherwise to indicate bmiMD’s or such third party’s sponsorship of or afﬁliation with any product or service without express written permission of bmiMD or such third party.
5.2 User Content & Copyright Policy
By creating, posting, or sharing data, sound, and images on or through the Website or Application (“Your User Content”), and subject to the Privacy Notice, you grant bmiMD a perpetual, irrevocable, worldwide, non-exclusive, sub-licensable, royalty-free, fully paid up, transferable license to reproduce, distribute, publicly display, publicly perform, create derivative works of, and otherwise use and modify Your User Content for the purposes of providing and enhancing the Website, Application, or other bmiMD products and services. We may also create anonymized data and images from Your User Content, and such data and images will no longer be Your User Content. You waive any rights you may have regarding Your User Content being altered or manipulated in any way that may be objectionable to you. This license will terminate after you stop using the Website and Application. bmiMD reserves the right to refuse to accept, post, display, or transmit any of Your User Content in its sole discretion.
You represent and warrant that: (i) you own the content posted by you on or through the Website or Application or otherwise have the right to grant the license set forth in these Terms, (ii) the posting and use of Your User Content on or through the Website or Application does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of Your User Content on the Website or Application does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through the Website or Application. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.
bmiMD may review and remove Your User Content at any time for any reason, including for activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Website or Application.
bmiMD respects copyright law and expects its users to do the same. It is bmiMD’s policy to terminate, in appropriate circumstances, Users or other account holders who are believed to have infringed the rights of copyright holders.
Digital Millennium Copyright Act (DMCA) Notifications for intellectual property infringement.
If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears in our Services, please provide bmiMD’s designated agent (listed below) the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled via the Application, and information reasonably sufficient to permit bmiMD to locate such material.
Information reasonably sufficient to permit bmiMD to contact you as the complaining party, such as an address, telephone number, and, if available, an email address at which you may be contacted.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs and attorneys’ fees.
Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to bmiMD designated agent that includes all of the following information:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which bmiMD may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
bmiMD reserves the right, in its sole discretion, to terminate the account or access of any User of our Application who is the subject of repeated DMCA or other infringement notifications.
Please note that this procedure is exclusively for notifying bmiMD and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with bmiMD’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
We may give notice of a claim of copyright infringement to our users by means of a general notice on our Website, electronic mail to a User’s email address in our records, or by written communication sent by first-class mail to a User’s address in our records, as determined in our sole discretion. In accordance with the DMCA and other applicable law, bmiMD has adopted a policy of terminating, in appropriate circumstances and at bmiMD’s sole discretion, members who are deemed to be repeat infringers. bmiMD may also at its sole discretion limit access to the Website and Services and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.6.0 PRIVACY NOTICE
6.1. Privacy Notice
We are not responsible for nor liable to you or any third party for a healthcare provider’s treatment of Personal Information, including any collection, use, disclosure, storage, loss, theft or misuse of your Personal Information, whether or not such treatment violates applicable law or the Provider’s Notice of Privacy Practices.
7.0 SUSPENSION AND TERMINATION
7.1 Suspension and Termination
If you breach any of these Terms, we may suspend or disable your account or terminate your access to the Services, without prior notice to you. There may be other instances where We may need to terminate your access to the Services that are not related to any of your actions or inactions. We reserve the right to terminate your access to and use of the Services and materials at any time, with or without cause.
7.4. Effect of Termination
If We or You terminate your access to the Services: (i) You will no longer be authorized to access or use the Application or Website or otherwise use any of the features or services offered by or through the Application or Website; and (ii) bmiMD may delete any data associated with You or Your account.
8.0 REPRESENTATIONS, COVENANTS AND WARRANTIES
8.1. Warranty Disclaimers
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE WEBSITE AND APPLICATION IS AT YOUR SOLE RISK, AND THE WEBSITE AND APPLICATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OR EXPRESSLY STATED ELSEWHERE BY bmiMD, bmiMD MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING (1) THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT OR RESULTS TO BE DERIVED FROM THE USE OF THE APPLICATION, WEBSITE OR ANY DATA SERVICE, SOFTWARE, HARDWARE, DELIVERABLE, WORK PRODUCT OR OTHER MATERIALS RELATED TO THE APPLICATION OR WEBSITE, OR THE AVAILABILITY OF ANY OF THE FOREGOING; OR (2) WHETHER THE INFORMATION AVAILABLE ON OR TRANSMITTED BY THE APPLICATION OR WEBSITE IS TRUE, COMPLETE OR ACCURATE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT bmiMD IS NOT RESPONSIBLE FOR ANY HEALTHCARE OR RELATED DECISIONS MADE BY YOU OR YOUR HEALTHCARE PROFESSIONAL BASED UPON DATA COLLECTED, TRANSMITTED OR DISPLAYED BY OR ON THE APPLICATION OR WEBSITE, WHETHER SUCH DATA IS ACCURATE OR INACCURATE. FURTHER, bmiMD DOES NOT REPRESENT, COVENANT OR WARRANT THAT ACCESS TO OR SERVICES PROVIDED BY THE APPLICATION OR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS INHERENT TO TRANSMITTING INFORMATION OVER AND STORING INFORMATION ON THE INTERNET AND THAT bmiMD IS NOT RESPONSIBLE FOR ANY LOSSES OF YOUR DATA, CONFIDENTIALITY OR PRIVACY IN CONNECTION THEREWITH.
9.1. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER bmiMD NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR MATERIALS SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RESULTING FROM YOUR USE OF THE APPLICATION OR WEBSITE, OR BASED UPON ANY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT (INCLUDING THESE TERMS AND ANY ADDITIONAL INSTRUCTIONS, GUIDELINES OR POLICIES ISSUED BY bmiMD, INCLUDING THOSE POSTED IN THE APPLICATION OR ON THE WEBSITE), NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY (COLLECTIVELY, THE “EXCLUDED DAMAGES”). FOR THE AVOIDANCE OF DOUBT, THE EXCLUDED DAMAGES ALSO INCLUDE WITHOUT LIMITATION, LOSS OF SAVINGS OR REVENUE; LOSS OF PROFIT; LOSS OF USE; LOSS OF LIFE OR HEALTH, THE CLAIMS OF THIRD PARTIES; AND ANY COST OF ANY SUBSTITUTE EQUIPMENT OR SERVICES.IF YOU ARE NOT SATISFIED WITH THE SERVICES, THE MATERIALS, OR THE TERMS, YOU SHOULD DISCONTINUE USING THEM – THIS IS YOUR ONLY REMEDY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, bmiMD’s LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00. YOU MUST BRING ANY CLAIM ARISING FROM THE USAGE OF THE SERVICES OR MATERIALS WITHIN ONE (1) YEAR OF THE EVENT FROM WHICH THE CLAIM AROSE.
At its option, bmiMD may seek all remedies available to it under law and in equity, including injunctive relief in the form of specific performance to enforce these Terms, including any additional instructions, guidelines or policies issued by bmiMD, including those posted in the Application or on the Website, and/or actions for damages.
10.1. Indemnity by You
You agree to indemnify, defend and hold harmless bmiMD, its clients, and its suppliers and their respective afﬁliates, employees, ofﬁcers, directors, agents, servants and representatives of each from any liability, loss, claim, suit, damage, and expense (including reasonable attorneys’ fees and expenses) arising out of or in any way connected with your access to or use of the Services or bmiMD’s materials, your violation of these Terms, or any negligent or wrongful conduct by you or related to your account by you or any other person accessing the Services or bmiMD materials through your account.
11.0 DISPUTE RESOLUTION
If you or bmiMD has any dispute regarding these Terms, including but not limited to any alleged breach of these Terms, the parties will submit the dispute to binding arbitration in New York before a single arbitrator, in accordance with rules and procedures of the American Arbitration Association. The arbitrator may, but does not have to, award legal fees, arbitrator’s fees and costs and other costs incurred by the party that does not win the dispute. Any arbitration will be strictly confidential and neither party will disclose to any person (other than necessary to carry out the arbitration) the existence of the dispute or any aspect of the dispute.
11.2. Governing Law
To the fullest extent permitted pursuant to applicable law, these Terms are governed by the laws of the State of New York without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and bmiMD agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Westchester County, New York for the purpose of litigating any dispute. If you are a consumer located in the EU, such jurisdiction of the Westchester County courts will be non-exclusive.
12.0 GENERAL12.1. General Legal Provisions
If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the remaining provisions of the Agreement remain in full force, provided that the essential terms and conditions of this Agreement remain valid, binding and enforceable and the economic and legal substance of the transactions contemplated by the Agreement are materially preserved.
The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations.
Nothing in this agreement creates an agency, partnership, or joint venture. Failure to enforce any provision will not constitute a waiver of that provision.12.2 Assignment
You may not assign these Terms (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of bmiMD, which may be withheld at bmiMD’s sole discretion. Any attempted assignment by You that does not comply with the terms of this Section shall be null and void. bmiMD may assign these Terms and Conditions, in whole or in part, to any third party in its sole discretion.12.3. Contact
The Service is offered by bmiMD. You may contact us by emailing us at insert email
420 Lexington Ave
New York, NY 10170
“We,” “us,” and “our” refers to, and this Notice applies to, medical groups that provide healthcare services. These medical groups, may employ or contract with physicians who offer certain healthcare services.
Your Rights for Use and Disclosure of your PHI
You have the right to request a copy of your records.
You have the right to request confidential communications. Ask us to contact you in a specific way (for example, home or office phone) or to send mail to a different address.
Restriction request. We reserve the right to decline such requests unless the requested restriction involves disclosure to a health plan and you have paid for the services out of pocket.
You have the right to request access for a trusted party. If you have given someone medical power of attorney or if someone is your legal guardian, that person can exercise your rights and make choices about your health information.
You have the right to request a list of those with whom we’ve shared information. Ask us for a list (accounting) of the times we’ve shared your health information for six years prior to the date you ask, who we shared it with, and why. This request has to be presented in writing.
Access to Your PHI. You can access and inspect paper or electronic copies of certain PHI that we maintain about you. In line with set fees under federal and state law, we may charge you for a copy of your medical records.
Amendments to Your PHI. You can request amendments, or changes, to certain PHI that we maintain about you that you think may be incorrect or incomplete. All requests for changes must be in writing, signed by you or your representative, and state the reasons for the request. If we decide to make an amendment, we may also notify others who have copies of the information about the change. Note that even if we accept your request, we may not delete any information already documented in your medical record.
Accounting for Disclosures of Your PHI. In accordance with applicable law, you can ask for an accounting of certain disclosures made by us of your PHI. This request must be in writing and signed by you or your representative. This does not include disclosures made for purposes of treatment, payment, or health care operations or for certain other limited exceptions.
Restrictions on Use and Disclosure of Your PHI. You can request restrictions on certain of our uses and disclosures of your PHI for treatment, payment, or health care operations.
Restrictions on Disclosures to Health Plans. You can request a restriction on certain disclosures of your PHI to your health plan. We are only required to honor such requests when services subject to the request are paid in full. Such requests must be made in writing and identify the services to which the restriction will apply.
Confidential Communications. You can request that we communicate with you through alternative means or at alternative locations, and we will accommodate reasonable requests. You must request such confidential communication in writing to each department you would like to accommodate the request.
Breach Notification. We are required to notify you in writing of any breach of your unsecured PHI without unreasonable delay and no later than 60 days after we discover the breach.
Uses and Disclosures.
The Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH) set the standard for sensitive patient data protection. We typically use or share your health information in the following ways
Help manage the health care treatment you receive. We can use your health information and share it with medical professionals who are treating you.
The information we collect, why we need it, and how we use it.
Help manage the health care treatment you receive. We can use your health information and share it with medical professionals who are treating you.
Comply with the law and help with public health and safety issues. We will share information about you if state or federal laws require it, including with local health departments and with the Department of Health and Human Services if it wants to see that we’re complying with federal privacy law.
Comply with the law and help with public health and safety issues. We will share information about you if state or federal laws require it, including with local health departments and with the Department of Health and Human Services if it wants to see that we’re complying with federal privacy law.
We are required by law to maintain the privacy and security of your protected health information.
We must follow the duties and privacy practices described in this notice and give you a copy of it.
We will not use or share your information other than as described here unless you tell us we can in writing. If you tell us we can, you may change your mind at any time. Let us know in writing at hello@bmiMD.com if you change your mind