Telemedicine Terms & Conditions

Consent For COVID Testing

Updated October 20, 2021

Please read our consent for COVID testing carefully

By completing and submitting this form, I confirm that I am the appropriate individual to provide consent and:


  • I authorize collection and testing of a sample for COVID-19. I understand that OnMed will inform me of the services prior to the start of, or any change to, the COVID-19 testing program.

  • I understand that all sample types will be non-invasive, short nasal swabs or saliva samples.

  • I understand and agree that my personal health information and personally identifiable information may be entered into the testing provider’s technology platform to assist with and identifying individuals in need of individual follow-up testing.

  • I understand that I will be notified about the results of any individual test for COVID-19 performed on me. I understand that these results will be provided to me digitally, yet any or all electronic communication provided by me to OnMed for such purposes.

  • I understand that there is the potential for a false positive or false negative COVID-19 test result, no matter the kind of testing being performed. Given the potential for a false negative, I understand that I should continue to follow all COVID-19 safety guidance, and follow protocols for isolating and testing in the event I develop symptoms of COVID-19.

  • I understand that staff administering all COVID-19 testing have received training on safe and proper test administration. I agree that neither the test administrator nor OnMed, nor any of its trustees, officers, employees, or organization sponsors are liable for any accident or injuries that may occur from participation in the COVID-19 testing program.

  • I understand that I must stay home if feeling unwell. I acknowledge that a positive individual test result is an indication that I must stay home, self-isolate, and continue wearing a mask or face covering as directed in an effort to avoid infecting others.

  • I understand OnMed is not acting as my medical provider, this testing does not replace treatment by my medical provider, and I assume complete and full responsibility to take appropriate action with regards to my test results. I agree I will seek medical advice, care and treatment from my medical provider if I have questions or concerns, or if my condition worsens. I understand I am financially responsible for any care I receive from my healthcare provider.

  • I understand that COVID-19 testing may create protected health information (PHI) and other personally identifiable information, and such information will only be accessed, used, and disclosed in accordance with HIPAA and applicable law. I authorize and direct the testing provider to transmit such PHI to the Department of Public Health, the Executive Office of Health and Human Services, and the testing laboratory if applicable. I further understand that PHI may be disclosed to the Executive Office of Health and Human Services and any other party, as authorized under HIPAA.

  • I understand that participation in COVID-19 testing may require OnMed to disclose my identity, demographic, and contact information to the testing provider and may require OnMed to disclose my identity, demographic, and contact information to the Department of Public Health. I authorize OnMed to disclose such personally identifiable information (PII) as is required for me to participate in COVID-19 testing.

  • I understand that authorizing these COVID-19 tests for me is optional and that I can refuse to give this authorization, in which case, I will not be tested.

  • I understand that I can change my mind and cancel this permission at any time, but that such cancellation is forward-looking only, and will not affect information previously released. To cancel this permission for COVID-19 testing, I need to contact 727-601-4513 or info@onmed.com.

  • I authorize the testing provider and/or the Department of Public Health to monitor aspects of the COVID-19 virus, such as tracking viral mutations, by analyzing positive sample(s) for epidemiological and public health purposes. Results of such analyses will not be personally identifiable nor create personally identifiable information.

  • I, the undersigned, have been informed about the COVID-19 test purpose, procedures, possible benefits and risks, and I have received a copy of this Informed Consent. I have been given the opportunity to ask questions before I sign, and I have been told that I can ask additional questions at any time. I voluntarily agree to this testing for COVID-19.



    Terms of Service

    Updated July 21, 2021

    Please read our policy carefully

    These Terms and Conditions ("Terms and Conditions") form a legal agreement between onmed.com and you, the individual ("you" and "your") concerning your access to and use of the various services offered through the Websites and the Platforms (as defined below). Use of any of the Websites or Platforms constitutes your acceptance of these Terms and Conditions and the Web and Mobile Privacy Policy.

    By using the Websites and/or the Platforms, you expressly agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you should immediately cease all use of and access to all of the Websites and Platforms. Please print a copy of these Terms and Conditions for your records.

    Modifications to these terms and conditions

    onmed.com may in its sole discretion, without prior notice to you, revise these Terms and Conditions at any time. Should these Terms and Conditions change materially, onmed.com will update the Effective Date noted above and post a notice regarding the updated Terms and Conditions on the Websites. The amended Terms and Conditions will also appear when the Platforms are accessed by you and you will need to acknowledge your agreement to the amended Terms and Conditions prior to being able to continue to use the Platforms. If you do not agree to the terms of the amended Terms and Conditions, your sole and exclusive remedy are to discontinue your use of the Websites and Platforms and you will be deemed to have terminated these Terms and Conditions. Amended Terms and Conditions will be effective as of the Effective Date unless otherwise stated. By accessing or using the Websites and the Platforms after such changes are posted you agree and consent to all such changes.

    Access to the platforms

    You may access and use the Platforms via remote access connectivity. onmed.com grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use the Platforms in accordance with these Terms and Conditions. In order to use the Platforms, you will be asked to register an account and create login information, including without limitation, usernames, and passwords. You must safeguard the login information that you use to access the Platforms and you must not disclose this information to anyone. You must immediately notify onmed.com of any unauthorized use of your user account or of any other breach of security that you become aware of involving and relating to the Platforms by email to support@mdplus.com.

    onmed.com's role

    onmed.com is not an insurance provider nor are we a prescription fulfillment warehouse. onmed.com's role is limited to making certain telehealth-related information available to you and/or facilitate your access to telemedicine and medical services. onmed.com is independent of healthcare providers who will be providing such telemedicine services to you through the Platform and is not responsible for such healthcare providers' acts, omissions, or for any content of the communications made by them. onmed.com does not engage in the practice of medicine or provide any other health services.

    Your representations and warranties

    By registering on the Platforms, you represent and warrant the following: (i) you are at least eighteen (18) years of age, (ii) you have the legal ability and authority to enter into these Terms and Conditions with onmed.com, (iii) the information you have provided to onmed.com in your registration is accurate and complete, (iv) you will comply with any and all laws applicable to your use of the Websites and Platforms, (v) you will not interfere with a third party's use and enjoyment of the Websites and Platforms, (vi) you will not interfere with or disrupt onmed.com's or its vendors' security measures, (vii) if any information you provide to onmed.com becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify onmed.com, (viii) you acknowledge that access to the healthcare services provided through the Platforms are not "insured services" under any provincial health plans, (ix) you acknowledge that any fees paid by you or by any other persons on your behalf are not provided in exchange for any undertaking by onmed.com or its representatives that such healthcare services will be made available to you, and (x) you are accessing the Websites and Platforms for yourself or a child under the age of eighteen for whom you are the legal guardian.

    Termination

    If you violate these Terms and Conditions, your ability to use the Websites and/or Platforms will be terminated. onmed.com may, in its sole discretion, terminate your access to the Websites and/or Platforms, or any portion thereof, for any reason whatsoever without prior notice. These actions are in addition to any other right or remedy onmed.com may have available at law. Further, onmed.com shall not be liable to you or any third party for any such termination or discontinuance. You may terminate these Terms and Conditions by ceasing to access and use the Websites and Platforms. Upon any termination of these Terms and Conditions, you must immediately cease use of the Websites and Platforms. To the extent permitted by applicable law, the disclaimers, limitations on liability, termination, and your warranties and indemnities shall survive any termination of these Terms and Conditions.

    Prohibited Uses

    In using the Websites and Platforms, you agree not to:

  • Send or otherwise transmit to or through the Websites and Platforms any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful, or otherwise objectionable material of any kind, any material that can cause harm or delay to the Websites and Platforms or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;

  • Misrepresent your identity or affiliation in any way;

  • Restrict or inhibit any person from using the Websites and Platforms, disclose personal information obtained from the Websites and Platforms or collect information about users of the Websites and Platforms;

  • Reverse engineer, disassemble or decompile any section or technology on the Websites and Platforms, or attempt to do any of the foregoing;

  • Gain unauthorized access to the Websites and Platforms, to other users' accounts, names, personally identifiable information or other information, or to other computers or websites connected or linked to the Websites and Platforms;

  • Launch or use any automated system, including without limitation, "robots," "spiders," or "offline readers," that access the Websites and Platforms in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;

  • Send or otherwise transmit to or through the Websites and Platforms chain letters, unsolicited messages, so-called "spamming" or "phishing" messages, or messages marketing or advertising goods and services;

  • Post, transmit, or otherwise make available any virus, worm, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment;

  • Violate any applicable laws or regulations in any way;

  • Alter or modify any part of the content or services offered on or through the Websites and Platforms;

  • Allow any other person to use the Platforms with your registration or login information;

  • Breach or otherwise circumvent onmed.com's security or authentication measures; and

  • Assist or permit any persons in engaging in any of the activities described above.
  • onmed.com is the sole and exclusive owner of the Websites and Platforms, including any and all copyright, patent, trademark, trade secret, and other ownership and intellectual property rights, in and to the Websites and Platforms and any related materials and documentation. No title or ownership of the Websites and Platforms or any portion thereof is transferred to you hereunder. onmed.com reserves all rights not expressly granted hereunder. You agree not to change or delete any copyright or proprietary notice related to materials downloaded from the Websites and/or Platforms.

    You may provide input, comments, or suggestions regarding the Websites and Platforms or onmed.com Services ("Feedback"). You acknowledge and agree that onmed.com may use any Feedback without any obligation to you and you hereby grant onmed.com a worldwide, perpetual, irrevocable, royalty-free, transferable license to reproduce, display, perform, distribute, publish, modify, edit, or otherwise use such Feedback as onmed.com may deem appropriate, without restriction, for any and all commercial and/or non-commercial purposes, in its sole discretion.

    External Links

    The Websites and Platforms may contain links to third-party websites. Linked sites are not under the control of onmed.com, and onmed.com is not responsible for the content of any linked site. Links are provided as a convenience only, and a link does not imply that onmed.com endorses, sponsors, or is affiliated with the linked site. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites; these Terms do not apply to other websites. onmed.com disclaims any and all liability for any information, including but without limitation, any medical and health treatment information set forth on linked sites.

    No Endorsements

    Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name, or otherwise does not constitute or imply the endorsement or recommendation of such by onmed.com. Any views expressed by third parties on the Websites and Platforms are solely the views of such a third party and onmed.com assumes no responsibility for the accuracy or veracity of any statement made by such third party.

    Indemnification and limitation of liability

    You agree to defend, indemnify and hold onmed.com, its officers, directors, employees, shareholders, affiliates, third-party contractors, agents, licensors, and suppliers (each a onmed.com Party and collectively onmed.com Parties), harmless from and against any claims, actions, or demands, losses, liabilities, damages, costs, expenses, and settlements (including without limitation reasonable attorney and accounting fees), resulting from or alleged to result from, directly or indirectly, your (a) violation of these Terms and Conditions; (b) access to or use of the Platform and Websites; and (c) provision of other disclosure to onmed.com of any other information or data and the use of same by onmed.com or other onmed.com Party as contemplated hereunder.

    IN NO EVENT SHALL onmed.com BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF PROFITS, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WEBSITES OR PLATFORMS OR THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY SUCH PRODUCTS, GOODS, OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    onmed.com shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond onmed.com's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

    The terms of these Terms and Conditions that limit liability reflect an informed voluntary allocation of risk; such allocation represents a material part of these Terms and Conditions. You agree that the limitations of liabilities set out in these Terms and Conditions are fair and reasonable in the circumstances.

    Disclaimer

    The Websites and Platforms are provided on an "as is" and "as available" basis and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, onmed.com disclaims all representations, warranties, and conditions, express or implied, including, but not limited to, implied condition or warranties of merchantability and fitness for a particular purpose. onmed.com does not warrant that the Websites and Platforms will be uninterrupted or error-free, that defects will be corrected or that the Websites and Platforms or the server that makes them available are free of viruses or other harmful components.

    onmed.com makes no guarantees and disclaims any implied warranty or representation about the accuracy, relevance, timeliness, completeness, or appropriateness of any content posted on the Website and Platforms for a particular purpose. onmed.com assumes no liability arising from or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Websites and/or Platforms.

    Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

    Children

    The Websites and Platforms are not intended for children under the age of 18. If you are under 13 years of age, please do not use or access the Websites or Platforms at any time or in any manner. By using the Websites or Platforms, you affirm that you are over the age of 18. onmed.com does not seek through Websites or Platforms to gather personal information from or about persons under the age of 18.

    Choice of law and jurisdiction

    These Terms and Conditions are governed by the laws of Florida. The parties irrevocably submit to the exclusive jurisdiction of the courts of the State of Florida in respect of all matters and disputes arising hereunder and waive any defense of lack of personal jurisdiction in that jurisdiction. These Terms and Conditions are not governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

    Personal information and privacy policy

    In these Terms and Conditions, "personal information" means any information about an identifiable individual, such as your name, email address, mailing address, gender, date of birth, any personal or protected health information, or, any data about you that you elect to provide electronically through the Websites and Platforms and any other information that identifies who you are. Personal Information will be used by onmed.com solely in accordance with these Terms and Conditions, and onmed.com's Web and Mobile

    Privacy Policy

    (or as otherwise agreed upon between you and onmed.com in writing).

    You agree that onmed.com has the right to monitor and review your use of the Websites and Platforms from time to time, and to use "cookies", "log files" and your "browsing data" in accordance with the Cookie Policy.

    Waiver

    No delay or omission by onmed.com to exercise any right or power it has under these Terms and Conditions or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by onmed.com must be in writing and signed by an authorized representative of onmed.com.

    Entire agreement

    These Terms and Conditions constitute the entire agreement between you and onmed.com as it relates to the access to, and use of, the Platform and Websites and the subject matter of these Terms and Conditions and supersede all prior or contemporaneous agreements, negotiations, representations, and proposals, written or oral between onmed.com and you.

    Electronic documents

    This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a "writing" or "in writing", and to comply with all statutory, contractual, and other legal requirements for writing; and (b) legally enforceable as a signed agreement. A printed version of these Terms and Conditions and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

    Assignment

    These Terms and Conditions are personal to you and are not assignable, transferable, or sublicensable by you except with onmed.com's prior written consent. onmed.com may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.

    Language

    English shall be the language of these Terms and the parties waive any right to use and rely upon any other language or translations. Il est la volonté expresse des parties que les présentes Conditions d'utilisation et tous les documents qui s'y rapportent soient rédigés en langue anglaise, exception faite des documents pour lesquels la loi exige l'usage exclusif du français.

    Language

    If you have any questions about the Terms and Conditions or need to provide notice to or communicate with, onmed.com under the Terms and Conditions, please contact onmed.com using the following contact details:

    onmed.com
    14105 McCormick Drive
    Tampa, FL 33626
    support@onmed.com

    onmed.com may provide notices or communications to you on the Websites and/or Platforms and you agree that such notices shall constitute notice to you whether or not you actually access the notice.

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