MEDVi is contemplated for specific non-emergency medical conditions and concerns. If you believe you are experiencing a medical emergency, please dial 911 or your local medical provider.
This User Agreement (collectively with MEDVi’s Privacy Policy) applies to your use of all sites (collectively, the "Sites") to which this User Agreement is linked, and the services, features, content or applications (together with the Sites, the "Services") offered by MEDVi and our affiliated brands and products. The terms “we”, “us”, “our” and “MEDVi” refer to MEDVi, LLC, a Delaware corporation located at 131 Continental Dr, Ste 305, Newark, DE 19713.
Please read this User Agreement carefully as it sets forth the legally binding terms and conditions for your use of our Services.
THIS USER AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION IN SECTION XXI WHICH INCLUDES A CLASS ACTION, CLASS ARBITRATION, AND JURY TRIAL WAIVER. THESE PROVISIONS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY ACCEPTING THESE TERMS, YOU EXPRESSLY AGREE TO BE BOUND BY AND ABIDE BY THIS AGREEMENT, INCLUDING THE MANDATORY ARBITRATION PROVISION AND THE CLASS ACTION WAIVER PROVISION.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES OR WEBSITE.
These Terms of Use (the “Terms”) describe your rights and responsibilities regarding the MEDVi website (“website” or the “Platform”) owned and operated by MEDVi.
In these Terms, “we”, “our”, “us”, and “MEDVi” collectively refer to MEDVi and any products, subsidiaries, and affiliations. The terms “you” and “yours” refer to the person using the Platform. Use of the Platform is governed by these Terms and our Privacy Policy. By accessing or using the Platform, you acknowledge that you have read, understood, and agreed to be legally bound by and comply with these Terms and our Privacy Policy.
Even though you may have arrived at the Platform through a website operated or controlled by a third party, including by an affiliate of MEDVi, you understand and agree that these Terms are entered into between you and MEDVi. You also understand and agree that the Platform and any services provided through these Terms, except the Healthcare Services described herein, are provided by MEDVi.
You agree that when you use or enter the Platform, you affirmatively consent to conduct business electronically with MEDVi and engage in health-oriented activities with health professionals and professional entities affiliated with MEDVi, and such processes have the same force and effect as your written signature. You agree and consent to MEDVi and certain affiliated professional entities sending you disclosures, messages, notices, and other communications to your designated mobile phone and email account. If you do not agree with any of these Terms or our Privacy Policy, you may not use the Platform.
This Agreement establishes the important terms which you need to know and understand as well as the Services which you are requesting.
This agreement is subject to changes as explained below.
We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time and for any reason, without penalty or liability to you or any third-party. You should check the Terms from time to time when you use the Platform to determine if any changes have been made. You can determine when the Terms were last revised by referring to the “Last Modified” notation above. If you use the Platform after the amended Terms have been posted, you will be deemed to have agreed to the amended Terms. If any of the provisions of these Terms are not acceptable to you, your sole and exclusive remedy is to discontinue your use of the Platform.
You understand and agree that the Platform is intended to facilitate the following services (the “Services”): (a) the development and gathering of healthcare records and information with retention of the same for use in medical provider encounters and communications; (b) administrative support in connection with scheduling and payment for Healthcare Services; (c) administrative support in connection with coordinating optional fulfillment and payment for prescription medications ordered or prescribed by medical providers performing Healthcare Services; and (d) telecommunications and technology support for using the Platform as a means of direct access to medical providers provided by affiliated professional entities for communication, consultations, assessments, and treatment by such medical providers.
You understand that the Platform gathers unique information from you to enable an affiliated medical provider through the Healthcare Services to determine whether a prescription or a diagnostic test is indicated and appropriate for you, including applicable health information (such as your past and present health conditions, medications, and blood pressure), diagnostic tests, as applicable, and personal information (such as your name, location and demographic information) (collectively, “Your Information”). You further understand and agree that after reviewing Your Information, the medical provider, in his or her independent professional judgment, will determine whether to prescribe you medication, other treatment, or, alternatively, recommend that you consult with alternative clinical resources (the “Healthcare Services”).
You give us consent to send and disclose to the affiliated professional entities and their medical providers all of Your Information so that you may be assessed and possibly receive Healthcare Services.
Further, you consent to our delivery of Your Information to MEDVi affiliated and unaffiliated pharmacies, laboratories, and other diagnostic testing companies as part of coordinating desired fulfillment and payment for diagnostic testing, prescription medications, and medical devices recommended as part of the Healthcare Services.
All medical providers who deliver Healthcare Services through the Platform are: (i) independent professionals contracted or employed with affiliated professional entities that coordinate with MEDVi and (ii) solely responsible for such Healthcare Services provided to you.
MEDVi does not provide any Healthcare Services through the Platform and is not licensed to practice medicine. MEDVi does not control or interfere with the provision of Healthcare Services by the medical providers and affiliated professional entities, each of whom is independent and solely responsible for the Healthcare Services provided to you. You, therefore, understand and agree that MEDVi is not responsible for Healthcare Services, or your use of any Healthcare Services provided by a medical provider or affiliated professional entity, including any personal injury or property damage.
By accepting this Agreement, you additionally understand and agree that MEDVi is not acting as a pharmacy, nor do we control or interfere with any such services. By accepting this Agreement, you understand and agree that you may be entering into a relationship with a pharmacy, pharmacist, and/or pharmacy group or other such relationship with any one or more such third-party entities.
In order to use the Services through the Platform, the following must be true:
You understand and agree that satisfying the above requirements does not guarantee that you will receive the Services through the Platform. In addition to the above requirements, MEDVi and its affiliated professional entities reserve the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you. Further, medical providers and affiliated professional entities delivering the Healthcare Services may, on a case-by-case basis, determine that certain criteria apply to utilizing the Platform for the Healthcare Services or that Healthcare Services are not appropriate in any instance for a particular user. You can obtain more information on the criteria for the Healthcare Services by contacting [email protected].
The Services are currently available to individuals located in certain states. To see the list of current states, please contact customer service at [email protected].
Although certain parts of the Platform are accessible by any individual, you are obligated to register with MEDVi in order to access the Services. The Services are available only to users who have registered with MEDVi and to other persons affiliated with MEDVi who have been granted accounts with usernames and passwords. The Platform may not be accessible at any time, for any period, or for any reason, and MEDVi will not be liable if, for any reason, all or any part of the Platform is unavailable at any time or for any period.
Upon registration of an account, the Platform may contain forms or fields that allow you to enter, submit, or transmit to MEDVi user information or data (“User Data”) on or through the Platform. You understand and agree that any User Data provided by you on or through the Platform may be used, copied, or displayed by MEDVi. MEDVi may create derivative works of any such data, and MEDVi may provide such data to our service providers, our successors and assigns, and medical providers and their affiliated professional entities, in performance of the Services.
You grant MEDVi, our service providers, our successors and assigns, and medical providers and their affiliated professional entities, the fully transferable and sublicensable right and license to use, reproduce, modify, analyze, perform, display, distribute, and otherwise disclose to third-parties any User Data you submit on or through the Platform for the purposes of providing the Services to you; conducting research or analyses of such data; and designing, developing, implementing, modifying and/or improving new, current or future features, products and services of MEDVi using such data.
As a condition of your use of the Services through the Platform, you agree to the following:
You will not use, or encourage, or permit others to use, our Platform except as expressly permitted in these Terms. You will not:
Subject to your compliance with these Terms, MEDVi grants you a personal, limited, revocable, nonexclusive, and non-transferable license to view, download, access, and use the Platform and its content, solely for your personal and non-commercial use. No other right, title, or interest in or to the Platform is transferred to you, and all rights not expressly granted are reserved by MEDVi and its licensors. You are not permitted to reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any such content for commercial use.
The Platform is structured for use specific to certain health care services and is not, and should not, be considered, or used as comprehensive medical advice, care, diagnosis, or treatment.
Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding general personal health, medical conditions, or drugs or medications, and before commencing or discontinuing any course of treatment, drug, or medication.
Telehealth uses electronic communications, information technology, and other means to connect patients in one location and licensed, certified, or registered healthcare professionals in another location regarding a clinical matter. Though Telehealth carries potential benefits, like any medical procedure, it also carries potential risks. Please review the full Telehealth Informed Consent which informs you about the treatment methods, risks, and limitations of utilizing Telehealth to meet your health and wellness needs. In order to receive Health Care Services, you will be required to agree to the Telehealth Informed Consent regarding the use of Telehealth.
By using the Services, you agree and acknowledge that MEDVi is a beneficiary of the Medical Consent and has the right to enforcement.
When you submit Your Information for Health Care Services, you agree to pay all fees due. By entering your payment information and submitting your request, you authorize us, our affiliates, or our third-party payment processors to charge the amount due. If you receive a medical consultation, medical consult fees are not subject to or eligible for a refund. We cannot accept returns of prescription products for reuse or resale, and all sales are final. If you believe we have made an error please message us through your MEDVi portal.
You understand and agree that you are responsible for all fees due to receive the Services, including any fees charged by medical providers and affiliated medical professional entities. Kindly be advised that the final charge to your credit card may fluctuate contingent upon the prescribed medication and the chosen pharmacy for order fulfillment. Should any variance arise in the charge, a dedicated member of our support team will expeditiously communicate the details to you. Please be informed that we gather essential payment data, encompassing your payment instrument particulars (such as credit card number) and associated security code, solely for the purpose of facilitating payment processing. It is imperative to note that all payment information is meticulously safeguarded within the secure infrastructure provided by Stripe. For a comprehensive understanding of data privacy practices, we encourage you to peruse the privacy notice available at: https://stripe.com/privacy.
You understand that MEDVi-affiliated medical professional entities are not contracted healthcare providers with any health insurance plans (commercial, government, or otherwise, i.e., “out-of-network” providers), and therefore, you understand and agree that you are exclusively and solely responsible for paying all fees due to receive the Healthcare Services provided to you, including any fees charged by the medical providers and affiliated medical professional entities. Amounts collected by MEDVi will include fees charged by medical providers for Healthcare Services. In the event that your credit card expires or MEDVi, our affiliates, or our third-party payment processors are unable to process your payment, you may receive notice for you to provide an alternative payment method. MEDVi and/or the medical provider(s) have no obligation to provide any Healthcare Services unless and until full payment has been received and/or verified.
You also understand and agree that, because MEDVi medical providers are not contracted with any health insurance plan to provide the Healthcare Services, including federal or state government health care programs, like Medicaid and Medicare, any prescription medication or laboratory service ordered by a MEDVi medical provider may also not be covered.
MEDVi understands the importance of confidentiality and privacy regarding Your Information. Please see our Privacy Policy for a description of how we may collect, use, and disclose Your Information in connection with the Platform.
As between MEDVi and you, MEDVi is the sole and exclusive owner of all right, title, and interest in and to the Platform and its content, features, and functionality (including, without limitation, all information, software, text, displays, images, video, audio, selection, arrangement, and look and feel), and all intellectual property rights therein, and any suggestions, ideas, or other feedback provided by you. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Platform shall be owned solely and exclusively by MEDVi or its licensors, including all intellectual property rights therein. You have permission to use the Platform solely for your personal and non-commercial use on the condition that you comply with these Terms. No other right, title, or interest in or to the Platform is transferred to you, and all rights not expressly granted are reserved by us or our affiliates.
Certain names, logos, and other materials displayed in and throughout the Platform may constitute trademarks, trade names, services marks, or logos (“Trademarks”) of MEDVi or its affiliates. You are not authorized to use any such Trademarks without the express written permission of MEDVi or its affiliates. Ownership of all such Trademarks and the goodwill associated therewith remains with us or our affiliates.
The Platform may contain hyperlinks or references to other websites (“Linked Sites”) operated by third parties. The Linked Sites may not be under our control; therefore, we are not responsible for the information, products, or services described therein, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these Linked Sites to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Linked Site or any association with its operators. Your use of these Linked Sites is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage, or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Sites.
You may have arrived at the Platform through a Linked Site, including a Linked Site controlled by a parent, subsidiary, or affiliate of MEDVi. You understand and agree that we are not responsible for the information, products, or services described on those Linked Sites and only these Terms will apply to your use of or access to the Platform.
YOU ACKNOWLEDGE AND AGREE THAT THE PLATFORM AND THE SERVICES ARE PROVIDED THROUGH THE PLATFORM ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. MEDVi AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES AND SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PLATFORM AND THE SERVICES, INCLUDING ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, ACCURACY, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE PLATFORM OR THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER MEDVi NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE PLATFORM. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF THE PLATFORM. FURTHERMORE, MEDVi DOES NOT GUARANTEE THAT THE PLATFORM WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND MEDVi DISCLAIMS ANY LIABILITY RELATING THERETO.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE PLATFORM ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL, AND/OR INFORMATION.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS SECTION, NEITHER MEDVi NOR ITS RELATED PERSONS OR LICENSORS WILL BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE PLATFORM OR ANY SERVICES PROVIDED THROUGH THE PLATFORM. THIS IS TRUE EVEN IF MEDVi OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
TO THE EXTENT PERMITTED BY LAW AND SUBJECT TO THIS SECTION, THE TOTAL LIABILITY OF MEDVi FOR ANY CLAIMS UNDER THESE TERMS SHALL NOT EXCEED U.S. ONE HUNDRED DOLLARS ($100.00 USD). NOTE THAT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY OR MAY PLACE LIMITATIONS ON OUR ABILITY TO LIMIT OUR LIABILITY TO YOU, THUS THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold MEDVi and any of its Related Persons, licensors, and suppliers harmless from and against any and all third-party claims, demands, liabilities, costs or expenses, including attorneys’ fees and costs, arising from or related to: (i) any breach by you of these Terms, (ii) your use of material or features available on the Platform in an unauthorized manner, and/or (iii) a violation by you of any and all applicable laws, rules, or regulations.
MEDVi reserves the right at any time and for any reason to modify, temporarily, or permanently discontinue, the Platform, or any portion thereof, with or without notice. You agree that MEDVi shall not be liable to you and to any third party for any modification, suspension, or discontinuance of the Platform.
The Terms will remain in full force and effect as long as you continue to access or use the Platform. You may terminate the Terms at any time by discontinuing use of the Platform. Your permission to use the Platform automatically terminates if you violate these Terms.
We may terminate or suspend any of the rights granted by these Terms and your access to our Platform with or without prior notice, at any time, and for any reason. The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Arbitration, Class Action Waiver; and Miscellaneous.
Subject to applicable law, MEDVi reserves the right to maintain, delete, or destroy all communications and materials posted or uploaded to the Platform pursuant to its internal record retention and/or content destruction policies. After any termination, MEDVi will have no further obligation to provide the Services, except to the extent we are obligated to provide you access to your health records or required to provide you with continuing care under our applicable legal, ethical, and professional obligations to you.
YOU AND WE AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US (INCLUDING DISPUTES RELATED TO THIS USER AGREEMENT, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY), WILL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. YOU AND WE EACH AGREE THAT CLASS OR REPRESENTATIVE ARBITRATIONS, AS WELL AS CLASS OR REPRESENTATIVE ACTIONS, ARE NOT PERMITTED UNDER ANY CIRCUMSTANCES, AND THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION.
You and we each agree that you and we are further waiving our respective rights to sue or go to court to assert or defend our rights under this User Agreement. You and we each agree that the Federal Arbitration Act and federal arbitration governs the interpretation and enforcement of this provision.
Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your own behalf and cannot seek relief that would affect other MEDVi users. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision's limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.
Instead of using arbitration, you or we can bring claims in your local "small claims" court, if the rules of that court will allow it. If you don't bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and we expressly waive a trial by jury.
You can opt out of this provision within 30 days of the date that you agreed to these Terms. To opt out, you must send your name, residence address, username, email address or phone number you use for your MEDVi account, and a clear statement that you want to opt out of this arbitration agreement, and you must send them to:
MEDVi, LLC
131 Continental Dr, Ste 305
Newark, DE 19713
[email protected]
Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, email address or phone number you use for your MEDVi account, a detailed description of the dispute, and the relief you seek.
Any Notice of Dispute you send to us should be mailed to:
MEDVi, LLC
131 Continental Dr, Ste 305
Newark, DE 19713
[email protected]
Before arbitration commences, we will send you a Notice of Dispute to the email address you use with your MEDVi account, or other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.
The costs and fees of arbitration shall be allocated in accordance with the arbitration provider's rules, including rules regarding frivolous or improper claims.
For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the U.S. District Court for Delaware, or a state court located in New Castle County, Delaware. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
The laws of the State of Delaware, to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.
MEDVi reserves the right to remove any content or any other material or information available on or through our Platform, at any time, for any reason. MEDVi complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. This Section XXII describes the procedure that should be followed to file a notification of alleged copyright infringement with MEDVi.
If you have objections to copyrighted content or material made available on or through our Platform, you may submit a notification to our Designated Agent at the following address: [email protected].
Any notification to MEDVi regarding copyright infringement must include the following information:
The Terms set forth the entire understanding and agreement between you and us with respect to the subject matter herein. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to any failure by you or others to comply with these Terms does not waive our right to act with respect to subsequent or similar failures. You may not assign or transfer your rights or obligations under these Terms without our prior written consent, and any assignment or transfer in violation of this provision shall be null and void.
If you have any questions or concerns, please contact [email protected].
MEDVi is a patient management platform that works with independent physicians and practitioners who provide services utilizing the MEDVi Platform. MEDVi does not directly provide medical or pharmacy services and payment does not guarantee the writing or dispensing of a prescription. Medical Services are provided via independent providers. The information provided on this website is for informational purposes and not a substitute for professional medical advice, diagnosis, or treatment. If you have questions or concerns about your health, please talk to your doctor. This site is an advertisement for services and not any specific medication.